** This webpage is provided for informational purposes. It is not legal advice. **

Homeschooling in the Educational Best Interest of the Child

pix-child-sad2Sometimes, no matter how hard you try to reach a compromise, parents involved in custody disputes can’t agree on certain fundamental issues. Disputes can range from visitation to the educational best interest of the child. Not being able to agree to continue to homeschool – or wanting to start to homeschool after a custody order has been finalized – can land a couple in front of a judge.

When parents who share legal custody fail to make joint decisions, they – in essence – voluntarily agree to give up the right to make the decision at all. While judges and masters act as impartial third-bodies, they remain a stranger to your unique family situation. When you go to court over a custody dispute, this stranger ultimately makes a parenting decision for you.

While a certain amount of personal opinion is thrown into making judgments, the best interest principle should guide the family court’s decision. No hard and fast rules apply to determining educational best interest for a child, but judges will want to hear how homeschooling addresses a dozen or more criteria. Those criteria include:

  • Present compliance with state homeschool laws or regulations
  • Special learning needs and how they can be met through home instruction
  • Child’s current level of achievement
  • Capacity of the homeschool parent to provide an appropriate education, including a review of curriculum

Before an attorney can successfully argue an educational placement hearing for a parent, the attorney must first understand homeschool legalities and how they play out, practically speaking. For over 15 years, Hand In Hand Homeschool has worked with attorneys to develop a better appreciation of the nature of homeschooling and how homeschooling can or should remain in the educational best interest of a child.

Contact Hand In Hand Homeschool today to discuss how we can be of assistance to you.

Last modified on October 10, 2019