Child Custody and Education

Although they are controversial, Common Core academic standards are intended to ensure that Louisiana students are able to compete for good jobs here and elsewhere. All parents worry about the quality of the education available to their children in their local public schools. When parents separate, children are often moved from one school to another. What happens if your soon to be ex-spouse plans to enroll your child in a “new” school that is not as good as the “old” school that your child attended when you all lived together? The judge responsible for deciding who should have custody of your child may consider the quality of the education available if the child resides with you. However, that factor is only one of many that will influence the decision. Louisiana Civil Code article 134 contains a non-exclusive list of things that affect a child’s best interest including the emotional ties between each parent and the child, the capacity of each parent to satisfy the child’s material needs, the moral fitness of each parent, and the mental and physical health of each party. If your spouse objects to your being designated as primary physical custodian, you must be able to provide the judge with the evidence necessary to support your claim that you satisfy more of the factors than your opponent.