Can Your Child Attend Private School After Divorce if One Parent Objects?
The question of whether a child can continue or begin attending private school after divorce, especially when one parent objects, is a common source of dispute in family law cases. Virginia courts focus on the child’s best interests, taking into account several factors when determining whether private school tuition is warranted and which parent should bear the financial responsibility. In this blog post, we’ll explore how Virginia courts handle such disputes, with specific reference to the 1996 case of Solomond v. Ball, and the critical factors that play a role in these decisions.
The Case of Solomond v. Ball
The case of Solomond v. Ball provides important legal guidance regarding the issue of private school attendance when one parent objects. In this case, the court was tasked with deciding whether it was in the child’s best interest to attend a private school over the objections of one parent. The court initially emphasized two primary considerations: the demonstrated need of the child for private school and the parents’ respective ability to pay for such education.
The court found that private school attendance could be justified when it was shown that the child would significantly benefit from the education provided by the private institution, particularly if the public school options available did not meet the child’s academic or social needs. Additionally, the court scrutinized the financial circumstances of both parents to determine whether private school tuition was a reasonable expense that could be shared, or if one parent’s financial circumstances made the contribution to private school burdensome.
Key Factors in Determining Private School Attendance After Divorce
When deciding whether a child should attend private school after divorce, Virginia courts weigh multiple factors, all of which are evaluated in the context of the child’s best interests. The following factors are often considered:
-
The Demonstrated Need of the Child for Private School
This is one of the most critical elements in determining whether a child should attend private school despite the objections of one parent. Courts will assess whether there is a specific educational or developmental need that private school would meet that public schools in the area cannot. This might include advanced academic programs, a better teacher-to-student ratio, or a more nurturing environment that addresses the child’s social or emotional needs. The court’s focus here is always on the child’s welfare and how the education will benefit their development.
-
The Parents’ Ability to Pay
Even if it is determined that private school is in the child’s best interest, the court will also closely examine the financial situation of both parents. Private education can be costly and the court will need to determine whether the parents have the financial resources to fund the tuition. The parent’s ability to pay is weighed carefully and the court may find it unreasonable to impose a financial burden on one parent if his/her income or other financial obligations cannot support the expense of private schooling.
-
The Availability of Satisfactory Public Schools
As mentioned above, courts also consider the quality of the local public schools when deciding whether private school tuition is justified. Fairfax and Loudoun County Public Schools are generally considered first-rate (though each county has certain schools with challenges) and if there are high-quality public schools in the area that can meet the child’s academic, social, and emotional needs, this may weaken the argument for private schooling. However, if public schools are inadequate in some respect, this factor could weigh in favor of private education.
-
The Child’s Attendance at Private School Prior to Separation or Divorce
A child’s history of attending private school before the separation or divorce can be a compelling factor. Courts often seek to maintain continuity and stability for children during the divorce process. If the child has been attending a private school and is thriving, the court may decide that disrupting the child’s routine and education would not be in their best interest. However, if the child has always attended public school, this may weigh against starting private education after the divorce.
-
The Child’s Special Emotional or Physical Needs
Children with special emotional or physical needs may benefit from a more tailored educational environment, such as a private school that offers specialized programs. Courts are sensitive to these needs and will assess whether the private school offers resources, such as counselors, special education programs, or smaller class sizes, that better accommodate the child’s unique circumstances. In cases where public schools lack the necessary resources to support these needs, private school may be deemed appropriate.
-
Religious Training
In cases where religious education is important to the family, the court may also consider the role of religious training at school in the child’s upbringing. If the child has previously been enrolled in a religious school or if both parents have historically valued religious education, this factor may weigh in favor of private school attendance. Courts may also examine whether the religious aspect of the private school is central to the family’s values and the child’s upbringing.
-
Family Traditions
Family traditions can also play a role in the court’s decision. If private schooling has been a longstanding tradition within the family, this history may influence the court to continue that tradition. The court will consider whether attending a specific private school has been a family expectation or if the child has close ties to the institution due to family connections.
Conclusion
When one parent objects to private school attendance after divorce, Virginia courts carefully weigh the child’s needs, the parents’ financial abilities, and other key factors to arrive at a decision that serves the child’s best interests. The case of Solomond v. Ball highlights the importance of demonstrated need and ability to pay when determining whether private schooling is justified. Parents involved in such disputes should seek the advice of an experienced family law attorney to ensure that their child’s educational needs are fully considered in light of the family’s financial circumstances.
For more information on child custody, visitation, and other family law matters, visit our blog on A Comprehensive Guide to Child Custody and Visitation. For personalized legal assistance, feel free to reach out to my firm at www.curranmoher.com.
