Choosing Schools: Navigating Custody and Child Support Implications

Choosing Schools: Navigating Custody and Child Support Implications

When parents separate or divorce, selecting a school for their child can become a significant legal issue—one that often intersects with both custody arrangements and child support obligations. In Episode 2 of the Attorneys Dedicated to Family Law podcast, Carl “CJ” Schoenherr, Jr., attorney at Curran Moher Weis, breaks down the complexities surrounding school selection, custody rights, and child support in Virginia.

Why School Selection Matters in Custody Cases

School choice isn’t just about academics—it can directly influence a custody schedule. For example, if parents live far apart, a 50/50 physical custody arrangement may not be realistic due to the logistics of transporting a child to and from school. Proximity to the school can give one parent a practical advantage when it comes to structuring custody.

Legal vs. Physical Custody: A Crucial Distinction

In Virginia, legal custody refers to the authority to make important decisions for a child, including education and medical care. Physical custody determines the child’s day-to-day schedule and which parent the child is with at any given time.

Even if one parent has more overnights during the school week (physical custody), both parents may still share legal custody and must jointly agree on school placement. Disagreements over school choice can lead to legal disputes, especially when there is no existing agreement or when one parent makes a unilateral decision.

Acting Unilaterally Can Have Consequences

Local school district rules—such as those in Fairfax County—may designate the parent with more custodial school nights as the enrolling parent. However, these administrative rules do not override court-ordered joint legal custody. Courts expect both parents to communicate and make decisions together. Failing to do so can reflect poorly on a parent’s willingness to co-parent and cooperate, which is a key factor judges consider when ruling on custody issues.

When Parents Can’t Agree on School Selection

If efforts to reach a mutual decision break down, the next step may involve filing a motion to modify custody—often limited to legal custody as it relates to school choice. However, once a motion is filed, courts can revisit other aspects of the custody arrangement as well.

Judges in Virginia evaluate school disputes using the “best interest of the child” standard. This involves a detailed analysis of several factors that go beyond simple academic comparisons.

Factors Courts Consider in School Disputes

When determining the most appropriate school for a child, courts may evaluate:

• Logistical feasibility with the current or proposed custody schedule
• Academic performance and history at the current school
• Medical, emotional, or behavioral needs of the child
• Availability of specialized programs or services, such as IEPs
• Religious preferences or family traditions 
• Continuity of peer relationships, teachers, and community involvement 
• Objective data on school performance, graduation rates, and available resources

In some cases, educational experts or evaluators may be used to present comparisons or advocate for a particular school based on the child’s needs.

Child Support and the Cost of Private School

School selection can also impact child support. Virginia law allows courts to deviate from standard child support guidelines if private school is considered necessary and if the parents can afford it.

Factors that influence whether a parent may be ordered to contribute to private school expenses include:

• Lack of satisfactory public school alternatives
• Prior private school attendance
• Specific emotional, educational, or medical needs
• Religious training
• Established family traditions

A significant change in tuition or a change in schools may constitute a “material change in circumstances,” opening the door to modifying existing support orders.

Best Practices for Parents Navigating School Disputes

To navigate school placement issues effectively:

• Stay actively involved in your child’s education. Understand their academic progress, needs, and challenges.
• Communicate with the other parent respectfully and in writing. Focus on shared goals rather than personal conflicts.
• Be clear about your goals and motivations. Understand whether the issue is about academics, logistics, or financial concerns.
• Gather relevant data and supporting documentation. This may include report cards, testing data, therapist evaluations, or IEPs.

Acting in good faith, being informed, and staying child-focused can go a long way toward resolving school disputes—whether inside or outside the courtroom.

For more guidance on school selection, custody, and child support in Virginia, visit curranmoher.com. You can also explore these topics further by listening to the podcast Attorneys Dedicated to Family Law, available now on all major platforms.