Fill - Free fillable COURT CODE: MOT Self-Represented DISTRICT COURT CLARK COUNTY, (Family Law Self Help Center) PDF form

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an attorney, call the State Bar of Nevada at (702) 382-0504.

1

COURT CODE: MOT

Your Name:

Address:

Telephone:

Email Address:

Self-Represented

DISTRICT COURT

CLARK COUNTY, NEVADA

________________________________

Plaintiff,

vs.

________________________________

Defendant.

CASE NO.: ____________________

DEPT: ____________________

Hearing Requested? ( check one, the clerk will

enter dates when you file)

 Yes. Hearing Date: ______________

Hearing Time: ______________

 No. Chambers Decision: ___________

MOTION AND NOTICE OF MOTION FOR SCHOOL SELECTION FOR MINOR CHILD

TO: Name of Opposing Party and Party’s Attorney, if any, ______________________________

If a hearing was requested above, the hearing on this motion will be held on the date and

time above before the Eighth Judicial District Court - Family Division located at:

(clerk willcheck one)



❑ The Family Courts and Services Center, 601 N. Pecos Road Las Vegas, Nevada 89101.

❑ The Regional Justice Center, 200 Lewis Avenue Las Vegas, Nevada 89101.

NOTICE: You may file a written response to this motion with the Clerk of the

Court and provide the undersigned with a copy of your response within 14

days of receiving this motion. Failure to file a written response with the Clerk

of Court within 14 days of your receipt may result in the requested relief being

granted by the Court without a hearing prior to the scheduled hearing date.

Submitted By:

❑ Plaintiff / ❑ Defendant

/s/

Page 2 of 7 – Motion for School Selection

I. POINTS AND AUTHORITIES

When parents with joint legal custody do not agree regarding a child's schooling, they can

ask the court to decide what school selection is in the best interest of the child. Arcella v.

Arcella, 133 Nev. 868, 869–70, 407 P.3d 341, 344 (2017). The school that is in the child’s best

interest is not necessarily the most expensive or highest ranked school, but rather, the school that

is “best tailored to meet the needs of the particular child.” Id. at 872.

In determining which school a child should attend, the following factors are likely relevant

to consider:

(1) The wishes of the child, to the extent that the child is of sufficient age and

capacity to form an intelligent preference;

(2) The child's educational needs and each school's ability to meet them;

(3) The curriculum, method of teaching, and quality of instruction at each school;

(4) The child's past scholastic achievement and predicted performance at each

school;

(5) The child's medical needs and each school's ability to meet them;

(6) The child's extracurricular interests and each school's ability to satisfy them;

(7) Whether leaving the child's current school would disrupt the child's academic

progress;

(8) The child's ability to adapt to an unfamiliar environment;

(9) The length of commute to each school and other logistical concerns;

(10) Whether enrolling the child at a school is likely to alienate the child from a

parent.

Id. at 872–73.

“Determining which school placement is in the best interest of a child is a broad-ranging

and highly fact-specific inquiry, so a court should consider any other factors presented by the

particular dispute, and it should use its discretion to decide how much weight to afford each

factor.” Id. at 873.

Page 3 of 7 – Motion for School Selection

II. FACTS AND ARGUMENT

1. The children’s names, grade levels, and proposed schools are:

Child’s Name: Grade Level Your Preferred School

Other Parent’s Preferred

School

2. What is the child(ren)’s current school(s)?

3. Attempt to Resolve. Did you try to resolve this matter with the other parent before filing

this motion? ( check one)

 Yes, but we could not come to an agreement. (Explain when and how you tried to resolve

this with the other party and why they will not agree to the school you are proposing)

 No. Any attempt to resolve the issue would have been useless or impractical because

(explain why you did not try to resolve this issue directly with the other party before filing

this motion)

4. Reasons for school selection. (Answer the following questions and explain in detail your

reasons. Compare your proposed school to the other parent’s desired school where applicable.)

What are the child’s wishes (if the child is old enough and mature enough to choose)?

Page 4 of 7 – Motion for School Selection

What are the child's educational needs and each school's ability to meet them?

Your preferred school:

Other parent’s preferred school:

What is the curriculum, method of teaching, and quality of instruction at each school?

Your preferred school:

Other parent’s preferred school:

What is the child's past scholastic achievement and predicted performance at each school?

Past achievement and predicted performance at your preferred school:

Past achievement and predicted performance at other parent’s preferred school:

Page 5 of 7 – Motion for School Selection

Does the child have any medical needs, and if so, what is each school's ability to meet

them?

What are the child's extracurricular interests and each school's ability to satisfy them?

Your preferred school:

Other parent’s preferred school:

Would leaving the child's current school disrupt the child's academic progress?

What is the child's ability to adapt to an unfamiliar environment?

Page 6 of 7 – Motion for School Selection

What is the length of commute to each school, and are there any other logistical concerns?

Your preferred school:

Other parent’s preferred school:

Would enrolling the child at either school likely alienate the child from a parent?

Is there anything else the judge should consider in deciding where the child should

attend school?

III. Other Relief

In addition to the relief requested above, I would like the Court to also order the following:

(Explain anything else that you would like the judge to order, or enter “N/A” if you do not want

anything else. Be specific.)

Page 7 of 7 – Motion for School Selection

I respectfully ask the Court to grant me the relief above, including an award of attorney’s fees if I

am able to retain an attorney for this matter, and any other relief the Court finds appropriate.

DATED _____________________________, 20____.

Submitted By: (your signature)

(print your name)

DECLARATION IN SUPPORT OF MOTION

a. I have read the foregoing motion, and the factual averments it contains are true and correct

to the best of my knowledge, except as to those matters based on information and belief, and

as to those matters, I believe them to be true. Those factual averments contained in the

referenced filing are incorporated here as if set forth in full.

b. Any Exhibit(s) in support of this Motion will be filed separately in an Exhibit Appendix.

I declare under penalty of perjury under the law of the State of Nevada that the foregoing is

true and correct.

DATED _____________________________, 20____.

Submitted By: (your signature)

(print your name)

/s/

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