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Resolving Child Custody Conflicts Regarding Which San Diego School The Child Will Attend

Posted by Thomas Huguenor on June 30, 2014 in Child Custody

This is the third post in my series on the types of child custody issues that San Diego parents often deal with during the summer months. My last discussion dealt with the steps to take if you are having issues with interstate child visitation. This post deals with a common dispute – where your little ones will attend school during the coming year.

Disputes over where a child will attend school are common in southern California child custody cases

Parents disagree over school attendance for a number of reasons. One parent may have moved to a different part of San Diego and, as a result, the child may then be zoned for a better or worse school. Disputes also arise when the child is transitioning from one level of schooling to another, such as from middle school to high school, and the parents don’t agree on which parent’s school zone the child should utilize. If you are having such a disagreement then it is important that you contact a child custody lawyer immediately; do not wait until the school year is about to start.

Southern California parents, unfortunately, often wait until just before the start of the school year to resolve the issue of which school the child will attend. This often proves problematic because, if the parents cannot agree on the issue, then the courts need to become involved. Filing a motion to resolve the issue will allow for the Judge to make the decision but the process can take time. If you wait until just before the school year is about to start then: 1) the Judge will not be happy that you waited until the eleventh hour, and 2) you create a hectic situation for the child. These are situations you need to avoid.

The Court will look at a variety of factors in deciding which school the child is going to attend. These will include the quality of the school itself, whether the school is conducive to the child’s social relationships, and any level of disruption to the child’s routine. The child’s desires on the matter will play an increasing role as the child becomes older. If you need to file a request with the Court to determine which of San Diego’s schools your child will be attending during the coming school year, then you must retain a family law lawyer who understands how to make these arguments to the Court.

Do not wait to retain a San Diego attorney if you are in a dispute over which school your child will attend

As mentioned above, you should contact your child custody lawyer immediately if there is a dispute over which school the child will attend. The Court may require that you present evidence to support your argument that the child should attend school in your zone. This could require issuing subpoenas for records, taking depositions of school personnel, and gaining witness statements. This can be an involved process and cannot wait until the last moment. Contact our San Diego office today.

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Posted in: Child Custody

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