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Does Education and location of school play a major role in custody trials?

Flushing, NY |

My son goes to school in my home district, his father lives in a different district, we are going to trial for full custody, my son is doing excellent transitioning from special education into regular education next year. How does this play a role in the custody decision?

Attorney Answers 4


  1. Good day:
    I would start by strongly suggesting you discuss you questions with your attorney. They alone not us can give you answers specific to your case.

    My advice will be therefore of a general nature.
    As you probably know the standard in the law is the "best interest of the child /children" Cases though the state decided by Judges try to clarify what that means.

    The fact that your son is doing excellent under your care is a positive for you . I am sure your lawyer will want to establish that to the court.
    In my cases I generally try to bring in witnesses from the school to prove that.

    Good luck and please call your lawyer.

    BRAD S. MARGOLIS,ESQ.

    I am not your lawyer and you are not my client. Free advice here is without recourse and any reliance thereupon is at your sole risk. This is done without compensation as a free public service. I am licensed in NY so advice in any other jurisdiction is strictly general advice and should be confirmed with an attorney licensed in that jurisdiction.


  2. Speak with a local family law attorney. Education is one factor in the best interest of the child. Aldo, special needs is another factor.

    If this answer is helpful, then please mark the helpful button. If this is the best answer, then please indicate it. Thanks. For further information you should see an attorney and discuss the matter completely. If you are in the New York City area, then you can reach me during normal business hours at 718 329 9500 or www.mynewyorkcitylawyer.com.


  3. It depends on the special needs of the child, how old he is, and what the alternatives are at a different school district if he has to change districts. Discuss these with your famil law attorney, who will be aware of the importance or lack of importance of the educational issue vs. the other issues.

    If you found this "helpful" or "best answer," please click it with my appreciation. My response is for educational purposes and does not constitute legal advice nor creates an attorney client relationship which requires all the details and a personal conference.


  4. I was involved recently (as attorney for the child) in a custody trial where orders were changed from joint custody with alternating weeks with each parent to joint custody with primary residential custody to mother; and three weekend vists per month for father. The child had attended school near the father's home and the central issue raised by the mother was that the school in her district was superior. She submitted proof from the DOE showing the difference in quality of the schools. Both parents were fit and their households were rather similar. Schooling became the deciding factor.

    A skilled attorney, familiar with the issues of your case, as well as being familiar with court and jurists hearing your case, can make a world of difference. These cases have long-lasting ramifications.