As the new school year begins for families throughout the Commonwealth, divorced or separated parents face a variety of issues regarding child custody. One problem that commonly arises is that of transportation to and from school. Pennsylvania courts recently settled one such issue and determined that a school district must provide transportation to and from two separate residences within the same district. In the case heard by the Court, mother and father were divorced and living within the boundaries of the same school district. However, their homes were on different bus routes and the school district had implemented a policy wherein it would not transport a child to multiple locations. As a result, father was forced to hire someone to drive his child to and from school during his custodial time.
Consequently, father sued the school district and sought to have the bus service to his home restored. The Court found that the child was a "resident pupil" of the district and was therefore entitled to transportation to and from school regardless of which parent's residence he was staying at on any given night.
If you are a divorced or separated parent, it is important to make inquiries with the school district regarding their bussing policies. Furthermore, it is key that a skilled Family Law attorney take these issues into consideration when drafting a custody order or litigating a custody case. Having matters such as this addressed from the outset can save parents headaches in the long run. If you are anticipating custody litigation or simply want to alter your current custody order, please contact our attorneys for a consultation.