Going back to school can be an exciting and overwhelming experience for children and parents alike.  For divorced or separated parents, this time can be fraught with challenges which cause stress and conflict for all involved, most importantly children.  We advise our family law clients that it is important to make a conscientious effort to put their differences aside and co-parent in the best interest of their children.  Successful co-parenting, including communication between parents, is critical in helping children succeed in school, and contributes to their overall sense of well-being and security – a win-win for everyone.   

Parents who exercise shared legal custody of their children must agree on school selection and extra-curricular activities prior to enrollment.  Before the first day of school, parents should develop and implement a unified parenting plan to provide their children with stability, consistency, and routine.   The unified parenting plan should include the following:  

• Create and synchronize a parenting calendar, such as Google Calendar, to share important information, including the custodial schedule, the school schedule, and the extra-curricular activity schedule.
   
• Complete and/or update the school enrollment paperwork, the school emergency contact list, and the school portal registration, and include both parents’ names and contact information.  This will ensure that both parents receive school notifications and school records, including report cards with grades.
  
  
• Share the responsibility and the cost of all back-to-school related expenses, including clothing and supplies.
  
  
• Attend all school related activities, including back-to-school nights and parent-teacher conferences.
  
  
• Meet with the teachers, the principal, the guidance counselor, and the coaches and inform them of the current custody order and schedule.

Working together to co-parent and demonstrate a united front will require patience, tolerance, compromise, and coordination, but, in the long run, the joint effort will greatly reduce back to school custody issues which can be costly, frustrating, and painful for children and parents.

With the start of the school year quickly approaching, parents who exercise shared physical custody of their child(ren) and who reside in the same school district can rest assured that the school district must provide free transportation for their child(ren) to and from each parent’s respective residence. 

In Watts v. Manheim Township School District, the Pennsylvania Supreme Court upheld the Commonwealth Court ruling requiring school districts to transport students to and from the residences of each parent if they are separated or divorced and sharing physical custody.  The Pennsylvania Supreme Court was asked to determine whether the Public School Code “mandates that a school district provide free transportation to a student from two different residences where the student’s parents share physical custody of the student and both parents reside within the school district.”

The parties in Watts exercised shared legal and physical custody of their child on an alternating weekly basis pursuant to a Court Order.  Both parties resided within the school district where their child attended school, but along different school district bus routes.  Father’s residence was located approximately 4.5 miles from the school and Mother’s residence was located approximately 5.5 miles from the school. 

The Pennsylvania Supreme Court determined the following: the school district owes a duty of transportation to the student residing within the school district as a “resident pupil”; the student has two residences for enrollment purposes when the parents exercise shared physical custody of the student; the school district’s duty of transportation includes transportation to and from more than one location within the school district when the student has two residences within the school district; and the purpose of having the school district provide free transportation services to the student is to help facilitate school attendance.

Knowing your rights with regard to school bus transportation and custody can alleviate some of the stress and anxiety you may otherwise experience as your child(ren) return to school.