From today's decision in Karutz v. Karutz, decided by the Kentucky Court of Appeals (Judges Pamela Goodwine, Irv Maze, and J. Christopher McNeill):
Mother and Father share joint custody of their daughter, A.R.K. ("child"), who has been at the center of a protracted legal dispute since the parties' separation in 2016. Relevant to the appeal, the parties could not reach an agreement as to where the child should attend kindergarten and petitioned the court to resolve the issue. Father's preferred choice was Seton Catholic School in Lexington, Kentucky. Mother wanted child to attend Berea Independent Community School … in Berea, Kentucky….
Father testified that Seton was his preferred school because it was closer to the interstate and thus logistically better for pick-ups and drop-offs; had a later start time so child could sleep in; was more diverse than Berea Independent, was a newer school with better technology and academics; had a low student-to-teacher ratio; had an aftercare program; and the staff was communicative and friendly. Father further testified that child would know other children attending Seton, including his girlfriend's daughter, who is the same age, and children from his church.
Father, who is Catholic, liked that Seton was a Catholic school but noted that the curriculum also emphasized general Christian principles, as well as secular subjects such as Darwinism and evolution. Father said that he was willing to pay Seton tuition costs. Father expressed concern about child attending Berea Independent due to Mother's pending criminal charges in Berea for second-degree animal cruelty. Because Berea is a small community, Father worried child could be stigmatized, even if Mother was acquitted.
Mother testified that Berea Independent was her primary choice because it was less than a mile from her work, was in a small town, and was where she went to school as a child. She also liked that it provided a K-12 grade education in one place and liked the open classroom layout of the school. Mother, who is Baptist, was not comfortable with child attending a Catholic school and preferred that child attend a secular school.
Following the hearing, the trial court entered detailed findings of fact, concluding that it was in child's best interest to attend Seton. The trial court cited Young v. Holmes (Ky. App. 2009), for its authority to order child to attend a parochial school, and noted that the religious aspect of Seton was only one factor, among many, as to why Father preferred Seton. The court listed other, non-religious reasons supporting Father's school choice including Seton's later start time, the teacher-to-student ratio, its academic programs, and on-site childcare, just to name a few.
