Issues Involving the Legal System
Divorce disputes regarding education plans
Divorce is an upsetting experience for all concerned.
Disputes often arise as to the appropriate educational setting for the children of divorcing parents.
When the child is over twelve (12) years old, the court will hear and consider the child's wishes. When the child is under twelve (12) years old, the court can choose to hear and consider the child's wishes.
The older the child, the stronger her or his wishes will be considered.
Beware that courts do not look favorably upon a child being coerced or coached. Courts realize that involving a child in such a difficult situation, such as choosing between parents, could cause long-lasting feelings of guilt, which might seriously harm the child.
The objectives of a parenting plan are to: (1) provide for the child's physical care; (2) maintain the child's emotional stability; (3) provide for the child's changing needs as the child grows and matures in a way that minimizes the need for future modifications to the parenting plan; (4) set forth the authority and responsibilities of each parent with respect to the child consistent with the definitions outlined in this chapter; (5) minimize the child's exposure to harmful parental conflict; (6) encourage the parents, where appropriate, to meet the responsibilities to their minor children through agreements in the parenting plan rather than relying on judicial intervention; and (7) protect the best interests of the child.
Regardless of the allocation of decision-making in the parenting plan, either parent may make emergency decisions affecting the health or safety of the child.
It is almost always assumed that decisions regarding custody and visitation are guided by seeking the best interests of the child. However, parents and attorneys may disagree and argue about exactly what constitutes the best interests of the child in their particular set of circumstances.
Not only does each state have its own laws and precedents, it is likely that evaluators and judges are influenced by their own strong personal values when they make recommendations and hand down decisions in these cases.
Our solid unbiased supplement into the process can mediate the disagreements, eliminate or reduce the resentment and focus the attention on the best interests of the children.
Under no circumstances should this be considered legal advice, nor does it substitute for legal consultation.
