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By Theresa Wells
The relocation of one party after a divorce has become increasingly more common. Generally the issue of relocation occurs after a divorce judgment or custody decree has been rendered and one parent decides to move their residence. There are a number of reasons why a parent may want to, or rather need to, relocate which may include a new job opportunity, a new spouse, to be closer to other family members or to try to minimize contact with an abusive former spouse. Regardless of the reason, when relocation of a parent includes relocation of children, it can have significant impact on the children including their adjustment to a new school district. This article will focus on relocation within a local area and the possibility of children having to attend school in a different district.
Relocation trials can be the most complex and adversarial family court matters for parents where the relocation will impact the custodial time of the other parent. While the courts generally apply the “best interest” standard in any given custody matter, judges have progressively become increasingly supportive of parents engaging in mediation to resolve such issues. One parent may object to a child going to school in a specific school district for a variety of reasons, such as the lack of sports programs or reports of poor test scores. Another parent may desire to relocate to a specific school district based on the child’s needs or natural abilities.
In New York, most children are enrolled in the school district where the custodial parent, or the parent who has primary physical custody of a child, resides. A parent having primary physical custody of a child means that parent lives with the child. Sometimes the parent having primary physical custody is referred to as a primary caretaker. The details of which parent has primary physical custody is usually outlined in either the judgment of divorce or order of custody. Generally in relocation cases, it is the parent having primary physical custody who is requesting to move, which in turn may mean that the child is required to change school districts in order to stay with that parent.
Keep in mind that many schools may have strict residency requirements for who can attend due in part to pressure to save money, especially in times of extreme budget crunches. These schools may scrutinize where a particular child resides, especially if that school may be asked to pay the costs of special educational programs needed for that child. Undoubtedly, most schools keep track of a child’s residential address. Some schools even have cameras in their parking lots to keep track of whether parents are dropping children off at school without valid residency. Schools can financially penalize parents for enrolling a child in the wrong school district, or for failing to enroll children in the correct school district. Attending school in a once valid school district may not automatically be an option for the child who has relocated. If parents fail to consider the appropriate placement of a child, those parents may be forced to explain the enrollment. Failure to adequately explain the child’s attendance in a specific district could result in penalty to the parent, and negatively affect the child, in the long run. However, most schools are flexible with parents and will allow children to finish out the remainder of a school year, regardless of the relocation of the child during that term.
In any divorce or separation, parents should carefully review their school district’s residency policy prior to resolving custody, especially if relocation of a parent may become an issue. Relocation to a different school district may affect a child’s eligibility and participation in sports, the access and quality of special education resources and transportation to school. Parents should consider the possibility of relocation and potential affects on the child’s education well before a divorce is finalized or an agreement is signed.
