SCHOOL CHOICE

Nearly all parents want the highest quality education for their child. In Michigan, during divorce and custody proceedings, joint legal custody is usually granted, which allows both parents to have an equal voice in selecting their child’s school.

Yet, conflicts over school choice can occur. If parents can’t find common ground, they must rely on the court to make the decision.

The Michigan Supreme Court case of Pierron v. Pierron, decided on May 11, 2010, established how school choice cases should be decided. The trial court conducts a Lombardo hearing and considers the best interest factors to make a determination.

In most cases, the court does not need to examine all the best interest factors unless the school choice would also impact custody. The relevant factors in a school choice case typically include:

Best interest of the child factor (b), which addresses the child’s education.

Best interest of the child factor (d), which focuses on stability and maintaining the family unit.

Best interest of the child factor (e), which considers the impact on the family unit.

Best interest of the child factor (h), examining the child’s home, school, and community record.

Best interest of the child factor (i), looking at the child’s reasonable preference.

Best interest of the child factor (j), considering the child’s home, school, and community record.

Best interest of the child factor (l), allowing the court to consider any other relevant factors.

When preparing for a school choice case, thorough preparation is essential. Researching standardized test scores, teacher-parent ratios, special education resources, access to extracurricular activities, and the social aspects of the school choice can be important. Testimony from experts or administrators from the desired school district may also be sought.

The attorneys at Cicchelli Law Offices, PLLC have successfully advocated for their clients in school choice cases before courts, persuading referees and family court judges to grant orders allowing children to attend their chosen public or parochial schools.

Addressing education decisions during the divorce process is crucial. Delaying this topic can lead to post-divorce issues, additional legal fees, and potential court hearings. It is advisable to address education decisions specifically in the final divorce judgment, if possible.