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

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1

COURT CODE: OPPS

Your Name:

Address:

Telephone:

Email Address:

Self-Represented

DISTRICT COURT

CLARK COUNTY, NEVADA

________________________________

Plaintiff,

vs.

________________________________

Defendant.

CASE NO.: ____________________

DEPT: ____________________

DATE OF HEARING: ___________

TIME OF HEARING: ____________

Optional: If an in-person hearing is not currently

set, would you like one? ( check one, the

clerk will set a hearing if needed)

 Yes. Hearing Date: ______________

Hearing Time: ______________

 No.

OPPOSITION TO MOTION FOR SCHOOL SELECTION FOR MINOR CHILD AND

COUNTERMOTION

(Your name) _____________________________________________ files this Opposition and

Countermotion to the motion for school selection for a minor child.

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.

Page 2 of 7 – Opposition to Motion for School Selection

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.

II. FACTS AND ARGUMENT

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

Child’s Name: Grade Level Current School Proposed School

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

Page 3 of 7 – Opposition to Motion for School Selection

3. 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)?

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:

Page 4 of 7 – Opposition to Motion for School Selection

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:

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:

Page 5 of 7 – Opposition to Motion for School Selection

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?

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?

Page 6 of 7 – Opposition to Motion for School Selection

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.)

I respectfully ask the Court to deny the opposing party’s motion and grant me the relief requested

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)

/s/

Page 7 of 7 – Opposition to Motion for School Selection

DECLARATION IN SUPPORT OF OPPOSITION AND COUNTERMOTION

I declare, under penalty of perjury:

a. I have read the foregoing opposition, 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 Opposition 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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