• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar

Villani & DeLuca, P.C.

Representing New Jersey Clients Since 1996

Free Consultation 732-709-7757
  • About The Firm
    • Press Room
    • Why Choose Villani & DeLuca
  • Our Attorneys
    • Carmine R. Villani, Esq. Founding Partner
    • Vincent C. DeLuca, Esq. Founding Partner
    • Gina J. Ravaschiere, Esq. Partner
    • Timothy L. Horn, Esq. Partner
    • Michael C. Ayres, Esq. Partner
    • Benjamin M. Hoffman, Esq. Senior Associate Attorney
    • Jay Turnbach, Esq., Of Counsel
  • Areas of Practice
    • Divorce & Family Law
    • Criminal Defense
    • Personal Injury
    • DWI Law
    • Liquor License
  • Legal Resources
    • Divorce
      • New Jersey Divorce Attorney
      • New Jersey Online Divorce
      • New Jersey Divorce Mediator
      • New Jersey Divorce Mediation
      • Ocean County Divorce Mediation
      • Monmouth County Divorce Mediation
    • Criminal
    • DWI & Traffic
    • Personal Injury
    • ABC
  • Client Testimonials
  • Contact

Joint Custody Issues: Changing Your Child's Preschool

February 25, 2015 by Vincent DeLuca

Although joint custody agreements are often detailed, issues can arise following the finalization of a divorce. For instance, choosing a new school or changing the current school of your child is typically a choice that is made by both parents in a joint custody agreement. But, does preschool count as “school”, or can one parent make a decision to change preschools without the other parent’s consent? Preschool has become an expectation over the years as opposed to a day care option. Although it is generally expected that children will attend school prior to kindergarten, preschool is still a gray area when it comes to joint custody issues.
New Jersey ranks among the top states for highest enrollments in preschool programs, and issues regarding the right choice of preschool are frequent. Luckily, the recent trial Madison v. Davis, 43 N.J. Super. 20 (Ch. Div. 2014) delved into the issue of joint custody and preschool.

Madison v. Davis

Madison v. Davis demonstrated an example of joint custodial issues regarding the placement of a child in preschool and which school that child should attend. In this case, the mother, who is the parent of primary residence (PPR), wanted to change the child’s preschool. The father on the other hand, thought that he should have a say in the matter since educational decisions should fall under their joint custody agreement. Meanwhile, the mother argued that their child’s preschool was not serving primarily as an educational institution, but rather as a day care.
The court was unable to rule based on previous court cases and created the following criteria to determine whether both parents should have equal say in the child’s preschool enrollment:
● If the purpose of the preschool program is primarily to fill the need for work-related childcare, the primary residential custodian has the initial right to select the program or transfer the child to another program.
● The choice must be reasonable, which considers cost, location and accessibility, hours and days of operation, curriculum, and other “ancillary services.”
● Assuming there is no restraining order or other court order restricting the parents’ communication, the residential custodian must provide the noncustodial parent with notice of any proposed change in the provider in a “reasonably timely fashion”.
● The noncustodial parent has the right to investigate and evaluate the proposed preschool. He/she cannot simply refuse without justification. The noncustodial parent must file a motion with the court and prove, by a preponderance of evidence, that the proposed preschool is “unreasonable and contrary to the child’s health, education, general welfare and best interests.”
● If the noncustodial parent disagrees with the proposed preschool, he/she must specifically demonstrate there is a “specific, more reasonable alternate plan.”
● Based on the case presented, the court will issue a ruling concerning the child’s attendance at preschool and each parent’s financial contribution towards it.
● If the court determines either party acted unreasonably, it may award counsel fees and/or sanctions.
In order to avoid custodial issues such as this one, make sure your initial joint custody agreement is as detailed as possible. Contact a family law attorney if you need assistance negotiating a custody agreement or if you need representation in court. Contact Villani & DeLuca family law attorneys at [dyna_phone phone=’1′ format=’dashed’] to learn more.

Categories: Child Custody Tags: changing preschool, custody battle, family law attorney, family lawyer, joint custody issues, nj family law

Primary Sidebar

Free Consultation

Recent Posts

  • What Happens in a Divorce Mediation in New Jersey?
  • How Much Does Divorce Mediation Cost?
  • Super Lawyers Carmine R. Villani & Vincent C. DeLuca
  • Divorce in New Jersey-Adultery
  • Divorce Attorney Brick New Jersey

Categories

  • Alimony
  • Child Custody
  • Child Support
  • Collaborative Divorce
  • Criminal Procedure
  • Disorderly Conduct
  • Divorce
  • Divorce Process
  • Dog Bite
  • Domestic Violence
  • Drug Charges
  • Mediation
  • NJ ABC Law Blog
  • NJ Criminal Defense Blog
  • NJ DWI & Traffic Law Blog
  • NJ Personal Injury Law Blog
  • Other Criminal Offenses
  • Press Room
  • Theft Offenses
  • Underage Drinking

Our Offices

Point Pleasant Beach

Main Office

703 Richmond Avenue

Point Pleasant Beach, NJ 08742

Phone: 732-709-7757

Fax: 732-892-9053

info@villanideluca.com

Get Directions

Red Bank Office

Office

151 Bodman PL, #303

Red Bank, NJ 07701

Phone: 732-595-4213

info@villanideluca.com

Get Directions

Villani & Deluca NJ Lawayers Logo

732-709-7757

Villani & DeLuca P.C. BBB Business Review

The information contained in this website is provided for informational purposes only, and should not be construed as legal advice on any matter. The transmission and receipt of information contained on this website, in whole or in part, or communication with the Villani & DeLuca, P.C. via the Internet or e-mail through this website does not constitute or create a lawyer-client relationship between this firm and any recipient. You should not send any confidential information in response to this webpage. Such responses will not create a lawyer-client relationship, and whatever you disclose will not be privileged or confidential unless this firm has agreed to act as your legal counsel and you have executed a written engagement agreement with Villani & DeLuca, P.C. Copyright © 2022 Villani DeLuca P.C. | All rights reserved | Disclaimer | Privacy Policy | Sitemap