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Which parent gains the "edge" in a custody dispute? Most often, it's the parent who can show that a decision in their favor is in the best interest of the child. But the definition of "best interest" can be ambiguous, and is often based on seemingly arbitrary factors. Increasingly, attorneys and their clients are seeking sound, quantifiable data to use to define areas that will help the courts determine best interest. One such area that has been gaining greater attention is school quality.

The school is second only to the home in importance to a child's development. With the growing understanding that public school funding, programs, and testing outcomes vary widely from state to state and community to community, more and more parents are carefully considering school quality when accepting jobs in different states or even when buying a new home across town. Similarly, courts are considering school quality and the availability of appropriate educational opportunities when deciding what is in the best interest of the child in custody or residency disputes. Proving one parent can provide the child with better schooling opportunities often gives that parent an edge in the courtroom, especially when the parents are otherwise equal in parenting abilities and financial resources.

Of course, it isn't always just a matter of saying one school system is "better" than another. The criteria used to evaluate quality must be clearly defined and backed up with sound data and expert interpretation. Also, what is "best" for one child might not be even adequate for another. An important part of matching the child to the school is an assessment of his or her schooling to date. We review records of grade cards, attendance, standardized tests, and any specialized testing or interest inventories on file. Frequently, we discover particular areas of interest that have curricular implications. For example, a child may be enrolled in a curricular program such as French immersion or an extracurricular activity such as sculling. These programs may be important to the child but not available in a proposed school setting.

Here are some examples of recent cases in which SchoolMatch® data and
expert witness testimony have made a difference:

An eight year old girl was enrolled in a non-accredited school where the administration did not believe in testing. The mother won custody to place the child in an accredited traditional school.

As part of a custody dispute, the father of a seven year old student was attempting to remove the boy from an outstanding suburban Indianapolis school and place him in one with low standards and test scores in South Central Florida. The mother, in Indiana, retained custody.

A non-Roman Catholic mother attempted to block the enrollment of her two children in a Jesuit school. The father's custody was continued and the children remained in the school.

A mother attempted to remove her child from a prestigious private school in order to enroll her in the Chicago Public Schools. This case was dropped subsequent to depositions by SchoolMatch® personnel.

In a Los Angeles County, CA, Family Relations Court, the judge changed the custodial parent of a four year old boy with autism, based in part on SchooMatch testimony regarding the evaluations of the two suburban school systems where the parents lived.

The father of a ten year old girl attempted to remove her from a prestigious suburban New York independent school and enter her in one in rural Wyoming. The mother retained custody.

The mother of two boys enrolled for several years in a specialized foreign language program attempted during custody litigation to remove the children to a school not offering elementary foreign language programs. The father retained custody.

The parents of a kindergarten student were living in northern Missouri with joint custody. His mother was moving to West Virginia and wanted to place the boy in a private or public school. The court ruled the father's schooling options were superior to those offered in the mother's new area. Father won custody during the school year, and the case was settled out of court.

The mother of a second grade boy attempted to remove the child from a preparatory school in Florida to a non-traditional international school in New York. The father retained custody.

In each of the above cases, SchoolMatch® experts have contributed opinions based on conclusions drawn from the information in the SchoolMatch® database. Courts need quantifiable information based on clear, concrete measures, and our database provides such crucial data as a starting point for interpretation. This data is significant in determining the quality and effectiveness of schools. And while there is little consensus on any single approach to developing a prescription for better schools, experts have identified certain factors that can help parents and courts determine whether a school is in fact an effective, or "quality," school.

School Quality Can Make a Difference -Child Custody Cases-

School Quality Can Make a Difference
-Child Custody Cases-