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Can A School Change Prompt A Custody Modification?

boy getting on school bus

If you have recently made the decision to change your child's school, you may be wondering if this will impact any custody orders that are currently in place. The answer to this question is a little complicated. In general, a change of schools can be considered a significant change of circumstances, which could lead to a custody modification. However, there are many factors that need to be taken into account before making this determination. Our modifications attorney at Gill Law Group, PC shares how a change in schools may be considered a significant change in circumstances.

Significant Change In Circumstances

Modifications for child custody orders can be made if the motioning parent can prove there is a significant and permanent change in circumstances that makes them unable to follow the current custody order. While there is no set guideline for what is considered “significant,” the courts typically review modifications on a case-by-case basis.

Examples of significant school-related changes include:

  • A change in schedule that will affect the parent’s ability to pick up or drop off the child,
  • A change in yearly schedule, such as going from a 10-month school year to year-round education, or
  • A change in location either increases the daily commute or causes hardship when transporting the child to school.

Change In Child’s School

If you choose to enroll your child in a school other than their current school or the school in which your home is zoned, this change may affect your child custody if deemed significant. For some families, enrolling your child in a school further away from home but with better educational opportunities may be in the child’s best interests. If this change presents a hardship for one or both parents, you should meet with a modifications attorney to learn more about how a modification can benefit your family.

We Are Ready to Help You

Choosing to enroll your child in a new school can be a rewarding experience as they are exposed to new educational or extracurricular opportunities. If you are a parent sharing custody and this change prompts you to be unable to fulfill your custody agreement, our modifications attorney at Gill Law Group, PC is here to help you find a solution that works best for you.

Schedule a complimentary consultation today by calling (949) 681-9952. We are waiting for your call!

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