Pencils, calculators, and backpacks! It’s already that time of year…Back to School!
While many parents may be jumping for joy, some parents may be struggling with everything that comes with returning to school for their child, especially if they are recently separated or divorced. Summer was okay, but will my child be okay having to go between two houses now? How do we work around extracurricular activities and time with friends? Who is buying the school supplies?
The major decisions associated with your child’s welfare when returning to school fall under the Legal Custody portion of a Child Custody Order, just like medical, religious, and other major welfare decisions. Legal custody in North Carolina is determined by using a “best interest” standard, much like physical custody. When deciding who should have legal custody, the Court considers which parent has made respective decisions in the past and a parent’s ability to make thoughtful decisions with long-term consequences.
Generally speaking, the Court will grant both parents Joint Legal Custody since a majority of parents involved have made major decisions for the child at one point or another. Joint Legal Custody means both parents have the ability to make major decisions for the child and should work together. However, if Legal Custody has not been determined by a Court or agreed upon with the other parent, then immediate Court intervention may be needed to avoid Legal Custody issues moving forward.
When addressing Legal Custody issues involving education, most Courts prefer that a child stay in the school which they have been attending assuming the child is doing well academically and socially. The Court will look at several factors to determine what has been the child’s “normal” up to this point and what is in the child’s “best interest” – such as grades, attendance, extracurricular activities, school rating, class size, proximity to school, and the child’s academic interests. A Court prefers not to change a child’s routine or the “constants” in a child’s life, especially during an already difficult time for the child, unless the Court truly deems it in the child’s best interest. However, if you are able to show that the “constants” of the child’s life are more detrimental than beneficial, the Court may grant requests outside of the “norm” – I’ve seen it happen!
If you see such decision-making issues coming up, get ahead of the problem and speak to an experienced Family Law attorney as soon as possible.
If you or somebody you know is navigating Legal Child Custody Issues, our team at Modern Legal is here to help.
Please note: these educational materials are based on North Carolina law where my legal practice is based. While the insights may have wide applicability, readers should consult with an attorney regarding the specific laws in their state or country.
Written by: Megan S. White
