The Role of Educational Opportunities in Child Custody Decisions

William L. Bainbridge
From Margorie Engel’s "Divorce Help Sourcebook"

During the last few years, increasing numbers of matrimonial and family attorneys have used school issues in child custody cases. Children, after all, spend more of their waking hours in school than they do with their parents. The quality of elementary and secondary schools can play a major role in vocational training, college entrance, college success, and even career progression. Judges have been persuaded that differences between school options offered by one parent or the other need to be taken seriously.

Notify Schools of Special Circumstances

If there is to be joint custody or you want both parents to receive all school notices, it is important to notify the school in writing, covering every instance of document duplication. Check with your local school system, since you may need to attach a letter from your spouse's attorney or a copy of the section from your separation agreement with regard to education and visitation.

Data from the schools themselves may not be sufficient in child custody cases. Both private schools and public school systems tend to issue reports that are designed to cast them in a favorable light. John J. Cannell, an Albuquerque, New Mexico, psychiatrist proved the point in 1989 when he surveyed schools across the country. Cannell reported to Newsweek and others in the national media, "Over 90 percent of the nation's school districts said their students were scoring "above the national average." This obviously is mathematically impossible. To counter biased data, attorneys may use expert testimony from professionals in education, including consultants such as SchoolMatch, a research and information service on public and private schools.

Factors That Can Affect Custody

School records review: A child who has an unblemished record of attendance in one school, but a long string of tardies and absences when living with the other parent is more likely to be placed where the academic performance is stronger.

Curriculum differences: The availability of course offerings in specialized programs can play an important role in explaining school differences. In one case in Columbus, Ohio, course offerings became a key issue involving a sixth grade child who attended a Spanish emersion program for four years in an elementary school. The proposed new school did not offer Spanish until the ninth grade. Similar program differences can be found in many areas of the curriculum.

Programs for children with special needs: Many of the children involved in custody cases have particular handicaps, talents or gifts that require special attention. Schooling opportunities can be particularly relevant when such children are involved.

Pupil performance on scholarship examinations: While an academically rigorous school may be regarded as appropriate for one child, another might be more comfortable in a less challenging environment.

Instructional expenditures per pupil: Schools, like other institutions, are dependent on resources for success. In some systems textbooks are out of date, equipment is less than sufficient, and teachers lack necessary supplies to be effective. A judge making a custody decision might take any or all of these factors into account.

In making custody decisions, judges have been persuaded that differences between school options offered by one parent or the other need to be taken seriously.

SchoolMatch records indicate that in areas around the United States, educational opportunities have become important factors for custody decisions. The California Supreme Court has reviewed the issue and concurred that curriculum differences may be used as vital information in the decision-making process. This trend is likely to continue, given the significant amount of time children spend in a school environment.

About the Author

William L. Bainbridge, Ph.D., is President and CEO of Westerville, Ohio's SchoolMatch by Public Priority Systems Inc., a comprehensive research and information service on public and private schools. A diplomate of the National Academy for School Executives and former superintendent of schools in several school systems, William is active as a national speaker and recognized by many state family courts as an expert on school information.