Parents who divorce often have a difficult path ahead of them. They have to find ways to work together to raise their children despite their relationship ending. Not only do divorced parents see each other regularly for custody exchanges, but they also typically need to communicate frequently to make joint decisions about the children.
Parents who share physical custody or parenting time likely also share legal custody or the authority to make decisions about their children. There is an expectation that the parents should communicate with one another when making decisions about the children. However, sometimes one parent thinks that they know best and may try to make decisions without the input of the other.
What happens if one parent decides on their own that homeschooling is the best arrangement for their family?
Major decisions require cooperation
Acting in the best interest of children during or after a divorce frequently requires attempts to minimize disruptions and changes. The children already have to acclimate to a vastly different family scenario. It can be very difficult for them to lose their social connections or make significant adjustments to their daily schedules as well.
For many families, keeping the children in the same schools after divorce helps ensure that their schedule and social support network stay the same. However, one parent might not agree with the philosophy of the local school board or may want to give their children the one-on-one attention they don’t receive in a classroom. Physical health issues or mental health concerns could also impact schooling choices.
While homeschooling can be a good decision in some cases, both parents generally need to agree on such a major change for their children. If they do not agree, then the matter may need to go back to the family court. Neither parent should unilaterally act to withdraw the children from schooling when they share legal custody.
A parent trying to homeschool their children may need to go to family court to convince a judge that this option is what is truly best for the children. Parents concerned about the potential negative impact of homeschooling may need to present their perspective to a judge to prevent the removal of their children from their current schools.
Judges hearing parenting disputes typically try to make choices that are in the best interests of the children involved. Whether they agree that homeschooling is the best option or not depends on the circumstances of the family.
Understanding the limits on parental authority can be beneficial for those in high-conflict custody situations. Those proposing or opposing major changes may need to prepare for a return to family court.
