The best divorce attorneys in Grand Rapids, Michigan have a clear grasp of how to approach a dispute over where the child or children go to school. The leading case on this topic is Lombardo vs. Lombardo, 202 Mi. App 151 (1993). What Lombardo tells us is that when two parents share joint legal custody of their child, they must agree to the school that the child is to attend. If there is a dispute about where the child is to attend school, then either party may request for a Lombardo hearing to resolve the school dispute. The top divorce lawyers Grand Rapids Mi will be able to assist the client in preparing a detailed motion on why requesting this kind of specific hearing is required and more importantly, prepare the client thoroughly for the hearing itself. The client must be guided through the process of presenting the right evidence to prevail in a contest of one school versus another school. The most critical information will come from a host of reports, studies, graphs, charts and other related data on how well the school the client wants the child to attend stacks up against the school the other parent would like the child to attend. These cases are trials that in essence present a battle of two schools and which one is superior to the other. A Grand Rapids divorce lawyer will explain to the client that the most credible source of information comes from the Michigan Department of Education. The Judges and Referees give information derived from this organization the most weight in the case. The Michigan Department of Education provides a number of graphs, comparison charts, and analysis of the markers of each school in the State of Michigan. The client will look to demonstrate that the school they have chosen has advantages in things like class size, graduation rates, testing scores for students in all topics of study, a solid curriculum to offer the students in terms of advanced placement and even college credits. There is also documentation available to demonstrate topics like diversity among the student population and programs for special needs children. If there is a special needs child involved the parent picking a particular school will want to demonstrate to the court that there are ample programs and support for special needs children at the school. The second-tier sources family law attorney Grand Rapids Mi should be using for Lombardo hearings are found at Great Schools and Niche. These two online resources can also be used in the same way as the Michigan Department of Education. They will have helpful charts and grades about all of the schools in Michigan, as well as parent reviews for the respective schools. It goes without saying that the attorney will make every effort to utilize all three of these resources to prove to the court why the client’s choice of school is superior to the competing parent’s choice.
The best divorce attorneys in Grand Rapids, Michigan will also advise the client to enlist the help of teachers, principals, special needs program directors and school social workers as witnesses in the Lombardo hearing. It always helps to have these folks who are in the trenches everyday teaching our children. They have the expertise in education and always make credible witnesses to support the client’s case with respect to their chosen school. These people are always hesitant to criticize other school districts, however, they make highly credible witnesses when it comes to demonstrating the strengths of the schools that they teach and work at.
Grand Rapids Divorce lawyer should also prepare their clients to demonstrate that the school they would like to attend has an excellent athletic program and/or music or theatre program. Some schools have excellent traditions of marching band and choir. We have seen districts with really good language immersion programs that emphasize the students learning a second language starting at an early age. The client should be prepared to demonstrate all of these strengths at the hearing as well.
Finally, the Court still has to consider the relevant child custody factors found at Michigan Compiled Laws or MCL 722.23, before it makes a final decision on which school the child should attend. This is very important in cases where the schools are very close in quality. Typically, the Court will not want to change the school of a child if that child has been in the same district for a number of years. The client must be advised to proceed cautiously in the event that the Judge determines that he or she really can favor one school over the other in terms of its ratings and rankings and what the witnesses have to say.
Please call The Law Offices of Sean Patrick Cox, P.L.L.C., in Grand Rapids, Michigan at 616-942-6404, to set up a free consultation.
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The Law Offices of Sean Patrick Cox is a lawyer. Sean practices in two main areas, family law, and elder law. he has represented clients in complex divorce cases since 1994.