50/50 Joint Physical Custody: Effect on School Enrollment in Northern Virginia

appleFairfax County Public Schools (FCPS)

Parents may register a child to attend a particular FCPS if the student spends the majority of his or her “school nights” with the parent who lives within that particular school district.  (This policy also applies to situations where the child’s custodial care time is split between a parent who lives in Fairfax County and a parent who lives outside of Fairfax County.)

Fairfax County defines “school night” as overnights on Sundays, Mondays, Tuesdays, Wednesdays and Thursdays.   For FCPS to consider that a child spends the “majority of his or her school nights” with a particular parent, that child must spend at least 3 nights with that parent.

If FCPS suspects that they are receiving less than an honest accounting of the custodial care plan for a child enrolled in one of its schools, they are not shy about sending out someone to monitor the comings and goings of the people at the residence in question.  FCPS will sometimes allow a child to stay in a particular FCPS school, even if he or she spends less than 3 school nights per week with the out-of county parent; but, in such a case, they may charge tuition to the parents of that “out of county” student.

FCPS bifurcates parental responsibilities for enrollment and registration: The “enrolling parent” is the parent that lives in Fairfax County and/or resides in the particular school district where the child goes to school/intends to go to school.  The “registering parent” can be either parent.

Prince William County Schools (PWCS)

PWCS does not have a specific rule with regard to school enrollment for a child who resides, part time, outside of  Prince William County or outside of the particular district where the child attends school/intends to attend school.  In order to enroll a child in PWCS, a parent need only show proof of residency.  The county trusts the parents to provide the accurate information to PWCS.  This policy applies to both in-county parents and parents who both reside in Prince William County, but in different school districts.

Loudoun County Public Schools (LCPS)

LCPS leaves it up to the parents (if both reside in Loudoun County) to decide upon the preferred district for school enrollment for their child.  When only one parent resides in Loudon County, the LCPS still leaves it up to the parents to decide whether their child will attend a LCPS or a school in the other parent’s county.  The determinative factor for which school is the child’s “home school,” in Loudon, seems to be whichever parent registers the child first.  In other words, if there is a conflict, after a child has been registered, Loudon’s policy is that the child will stay in the school in which he or she is currently enrolled, until the parents reach an alternative agreement (or the court intervenes).

Posted by Elizabeth Revell, Mediation Assistant

This blog and its materials have been prepared by Graine Mediation for informational purposes only and are not intended to be, are not, and should not be regarded as, legal advice.  This information is not intended to create, and receipt of it does not constitute, an attorney-client relationship.  Internet subscribers and online readers should not act upon this information without seeking professional counsel.

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