August is the start of the school year for most children. For many kids, where they are going to school is a forgone conclusion. It might be that they are simply returning to the school that they attended in the past.

 

However, for many other children, the school they are going to attend can be a source of disputes between family law litigants. When parties are divorcing, one spouse can live in one school district, while the other has moved to another.

 

In other cases, one parent might want the children to go to private school where the other parent desires a public school. In some situations, one parent may even want to home-school the children, while the other parent is against that idea.

 

Since schools typically start sometime in August, August can be a month where lots of family law litigation can take place. They can take place in a divorce matter. Where the parents are not married, it can can culminate in paternity litigation. Where the parents are already divorced, motions to modify or motions for contempt can ensue.

 

Many litigants hope to get a resolution from the court before the start of school. In other circumstances, a party might even attempt to file a temporary restraining order to prevent the children from being enrolled in a new school.

 

In many of these cases, a guardian ad litem ends up being appointed. A guardian ad litem for the children is an attorney who typically provides recommendations to the court as to custody related issues, including what school the children will attend.

 

Family court judges are to look at the best interests of the children in resolving these disputes. Thus, family courts can look at variables like the rankings and services that the schools offer. If the kids have special needs, they often look at the ability of the school to meet these needs. If private school is being debated, the cost of who is going to pay for that can be a big issue.

 

Regardless, make no mistake that August is often a boom month for new family law litigation. The start of school can be the source of disputes between divorced or separated parents.