Relating to consideration of the educational setting of a minor child in a child custody proceeding

This bill provides that in determining temporary custody orders or the award of joint legal custody for a minor child, if the parents are in disagreement over the minor child’s educational setting, the court is to consider the educational setting of the minor child. In the case of awarding joint legal custody, the court is also to include a provision in the order regarding the educational setting of the minor child. There is a rebuttable presumption that it is in the best interest of the minor child to remain in the educational setting in which the minor child was enrolled during the immediately preceding school year. The presumption is rebuttable only by a preponderance of the evidence that such educational setting is not in the best interest of the child. The bill also defines “educational setting”. The bill directs that all orders relating to the custody of a child shall specify the rights and responsibilities of each parent relative to the minor child’s educational setting and specifies the minimum rights and responsibilities to be addressed in the order. The order shall not require that a parent have physical access to a child during the school day or be allowed to remove the child from the educational setting during school hours if the child is being provided competent private instruction or independent private instruction. The bill requires that any parent with legal custody of the child is to provide a copy of the order to the educational setting and to the school district of the child to whom the order applies.