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CASE STUDY:
School Litigation and Custody

{Case sanitized to protect client anonymity}

The following written opinion illustrates the thoroughness, insight, and experience our experts bring to the cases they investigate.

• Background

• Findings
  • The ABC School
  • The Washington School
  • Jefferson Elementary School

• Opinion

Background

Parents were married in 1975 and divorced in 1988. They are the parents of Daughter now age 8. The parties' property settlement agreement in late 1987 provides that the parties share legal custody of Daughter. Mother is the primary residential parent and Father has extensive physical custody of Daughter. Through their regular, almost daily contact, Father and Daughter have developed and share a close, loving relationship.

In order to maintain both parents' involvement with Daughter's day-to-day activities and needs and to assure Daughter the love, support and presence of both parents, the parties agreed, as set forth in the property settlement agreement, that neither party shall move more than 100 miles from City Hall, Philadelphia, without the consent of the other parent. In the spring of 1991, Mother advised Father that she intended to remarry and, contrary to the parties' expressed intentions, planned to relocate with Daughter to an area served by Any School District 07, Idaho. Ignoring Father's usual involvement with decisions concerning Daughter, and contrary to the parties' agreement, Mother failed to consult Father prior to her unilateral decision to move Daughter to Idaho. Mother also failed to consider whether the move was in Daughter's best interest.

Father did not believe that relocating to Idaho was in the Daughter's best interests; he had strong objections to Mother's plan to move Daughter to Idaho. Such a move would not only have a detrimental effect on Daughter's relationship with Father, but also would, without good reason and without promise of a better lifestyle, remove Daughter from her school, friends, and extended family.

Daughter had grown up knowing the security and stability of a relationship with both parents. She had attended ABC School for three years, since first grade, and expected to continue her education at ABC School. She had developed extensive friendships and relationships, not only at ABC School, but also in the community. Daughter, however, had difficulty in dealing with her parents' separation and divorce and had problems leading to psychiatric counseling. Father, who had been actively involved with Daughter, was concerned that a change in schooling, coupled with a move 1,200 miles away from Father, friends, and environment, would have a detrimental and long-term negative effect on Daughter.

Father remarried and had a child with his new wife. Daughter, through frequent and regular visitation, with Father and her new sister, developed a bond with her little sister. Father believed that a separation from her family would exacerbate Daughter's problems.

Father, in addition to sharing responsibility concerning Daughter's education, medical care, dental care, and spiritual care, regularly attended Daughter's school plays and violin concerts and accompanied her to tennis lessons.

A review of Pennsylvania case law [Lozniak v Lozniak, 390 Pa. Super. 597, 569 A.2d 353 (1990), Clapper v Clapper,396 Pa. Super. 49, 578 A2nd 17 (1990) and Gruber v Gruber, 583 A.2d 434 (Pa. Super. 1990)] led counsel to the conclusion that the initial burden would be upon Mother (custodial parent) to show that the move would "significantly improve the quality of life" for Daughter. Counsel for Father took the position that the custodial parent must also convince the court that the move was not based on capriciousness or vindictive reasons. Further, the non-custodial parent had to show that his resistance to the move was based upon his concern for Daughter and his relationship with Daughter. Counsel concluded that the court had to determine the feasibility of creating an alternate visitation schedule to insure a "continuing meaningful relationship" between Daughter and Father.

Father contended that until there had been a thorough analysis of Daughter's needs and the court had the opportunity to determine what was in the best interest of this child, it was in Daughter's best interest to remain in ABC School and Pennsylvania. Counsel for Father retained us to demonstrate validity in this case. Our opinion included data reports attached to the following letter:

Findings

RE: Father v. Mother

Dear Counsel:

In keeping with your request of Month xx, 19xx I have reviewed the three schools in question in terms of which would be best suited for Daughter.

On the Wechsler Preschool and Primary Scale of Intelligence (administered by John Jones, ACSW, Certified School Psychologist and Ann Ames, Ph.D., Licensed Clinical Psychologist at the Child Study Institute of Any School College), Daughter scored a verbal IQ of 124 + 7, a performance IQ of 122 + 7, and a full scale IQ of 125 + 6. The psychologists administering the WPPSI indicated that the "overall picture is of superior intellectual capabilities with verbal and performance abilities also in the superior range."

A careful review of Daughter's records from the ABC School gives me no reason to doubt the conclusions one can reach by reading the WPPSI. Daughter does exhibit some tendencies to rush through her work which is typical of many children with superior intellectual capabilities at this age. Her overall performance at the ABC School would indicate she is well ahead of grade level in academic work and is socially well adjusted.

I became familiar with the ABC School in 1984 when it was cited by the U.S. Department of Education as an exemplary primary school. Since that time, we have recommended ABC School to numerous families transferring into the area the school serves.

The school offers enrichment programs for youngsters with superior ability such as Daughter. The close proximity to State College and Mason College could be most helpful as she moves into secondary school in terms of opportunities to benefit from college coursework while still at the high school level.

Over 77 percent of ABC School graduates scored higher than 500 on the verbal portion of the SAT. More than 86 percent of these students scored over 500 in the mathematics portion of the SAT. ABC School's class of 1991 boasted five National Merit finalists, two National Merit semifinalists, and one National Achievement semifinalist. Small class size and individualized attention are hallmarks of the ABC School. The ABC School is highly competitive, even in its region, which is one of the more competitive school environments in the United States. The enclosed SchoolMatch® report offers additional information.

The Washington School in Anytown USA came to my attention 1988 when it was included as part of our SchoolMatch® databases. The school was founded in 1973 to provide independent education in the Anytown area. The school emphasizes experiential education designed to draw upon the resources of the Spring River Valley and the nearby wilderness area of the intermountain West.

The curriculum is not extensive but meets the requirements of the Northwest Association of Schools and Colleges. Over half of the Washington School 1991 graduates scored in the 400's on the verbal portion of the SAT. Sixty-nine percent of the graduates scored above 500 on the mathematics portion of the SAT. The school had no National Merit finalists or semifinalists but did have one Commended Scholar in the latest class.

The small number of college-bound students and relatively low financial base does not allow for well developed programs for youngsters with superior intellectual capabilities. Opportunities for Daughter's academic enrichment would be limited, particularly as she moves into the upper grades and secondary school. The enclosed report includes additional information.

The Jefferson Elementary School is part of the Any County School District 07. This elementary school includes over 400 students, and the district has over 2500 students. Expenditures per student are well below the national average of $5,000, at $3,800. Students in general score above average on elementary school achievement tests.

Results of scholarship examinations given to high school juniors and seniors indicate this school system enjoys high test scores for the region but below average scores when compared with all other districts in the United States. If the scholarship examination scores of graduates of Any County School District 07 are compared with those in the suburbs of greater Metro Area, there is a large discrepancy. Most suburban Metro Area students score well above average on such examinations. Any County scores have not exceeded the 50th percentile in the last few years examined.

Additional information on the Any County School District 07 is enclosed. It would appear that opportunities for Daughter's enrichment would not be plentiful in the Any County School District 07.

It is our opinion that an examination of Daughter's school records together with the data on the three school settings as outlined above presents a clear picture. It is our recommendation that Daughter be permitted to continue her program at the ABC School in order that her intellect can be appropriately challenged as she grows toward adulthood.