A recent decision from the New Jersey Appellate Division centered on the decision that a child attend the public school where the father lives in a contentious child custody case. In that case, the mother had filed for divorce, and the husband and wife agreed to temporarily share joint legal custody and to designate the mother as the parent of primary residence (PPR) and the husband as the parent of alternative residence (PAR). They worked out an alternating weekly parenting schedule. However, the parents had numerous issues in co-parenting the child, including deciding the child’s medical care, agreeing on how to share holidays and birthdays, and deciding on the method of communication between the parents. The parents also could not agree on where the child should attend preschool, and ended up having the child attend one preschool on Tuesdays and Thursdays (in the mother’s town of Moorestown) and another preschool (in the father’s town of Mount Laurel) on Fridays.
Three years after the mother filed for divorce, the court held a custody trial that lasted six days. The child was four years old at the time. The mother, the father, the mother’s parents, the director of one preschool, the father’s employer, and a police officer who was involved in a domestic dispute testified during the trial. At the conclusion of the trial, the judge decided to grant joint physical and legal custody to the parties. He declined to designate either parent as the PPR, finding it was not in the child’s best interests to do so. He also ordered that when the child was to begin kindergarten, that she be enrolled in the public school district where the father lived and where he worked as a guidance counselor. He noted that both Mount Laurel and Moorestown had good school districts. He also noted that the father planned to continue living in his town long-term, whereas the mother was not sure about her future living arrangements. The mother appealed the decision.
The appeals court upheld the decision of the family court. The court found that the judge’s decision was supported by the evidence in the record and the decision was within the court’s discretion. The court also noted that the father’s town had a full-day kindergarten program, whereas the mother’s town provided full-day kindergarten only at a significant cost. The court reasoned that the child spent “considerable time” with each parent and went to preschool in two different towns so that she was not so rooted in one community that the decision would uproot her life. Although the mother was the child’s primary caretaker up until the custody trial, both parents had spent significant time with the child.