SCHOOL EXPERTS AND CHILD CUSTODY

By:  John P. Paone, Jr.

Many family law attorneys overlook the potential impact a school expert can have on a child custody case.  School experts can provide important evidence to the court on the strengths and weaknesses of competing school systems.  Especially in a child custody case where one parent is seeking to move the child to a different community, this potential source of expert testimony should not be ignored by practitioners.

N.J.S.A. 2A:2-4(c) lists the quality and continuity of the child's education as a factor in determining custody.  In Schulze v. Morris, 361 N.J. Super. 419 (App. Div. 2003), the Appellate Division ruled that in determining intrastate custody the court is to examine the same factors set forth by the Supreme Court for interstate relocation.  See Baures v. Lewis, 167 N.J. 91 (2001).  One of these factors provides that the court is to determine whether the child will receive educational, health and leisure opportunities in the new location at least equal to what is available at the previous location.  Therefore, the law requires the parties to present education evidence which often can only be supplied by a school expert. 

School experts have experience in the field of education and school administration and have access to a wealth of data that is issued by school districts throughout the country.  The expert compares school districts by examining such factors as student/teacher ratio, achievements on various standardized tests, graduation rate, spending per student, student attendance, sports and extracurricular activities offered, whether the school is meeting the "No Child Left Behind" standards and other criteria.  These factors can then be applied to the specific needs of the child involved in the case.  For instance, in a custody case concerning a child who is gifted in science, the school expert can present testimony on which school system has a better science program for gifted children.  After reviewing various factors and the specific educational needs of the child the school expert can make a recommendation as to which school would be better for the student involved in the custody dispute.

One such organization that provides school experts is School Match located at 5027 Pine Crest Drive, Westerville, Ohio (614) 890-1573.  While the issue of education is only one of many factors the court must consider in a contested custody matter, in the right case a school expert can make the difference in the custody equation.

* John P. Paone, Jr. is a Certified Matrimonial Law Attorney and a Fellow of the American Academy of Matrimonial Lawyers.  He is a former chair of the New Jersey State Bar Association's Family Law Section.  He practices law in Woodbridge, New Jersey, with the Law Offices of Paone & Zaleski.