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Legal question Re: Homeschool in divorced families - 7/15/2009 11:37:51 AM
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Restored_Heart
Posts: 917
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When one parent (who has primary custody) and the children decide that they want to leave public school to homeschool and the non-custodial parent doesn't want them to leave public school. What issues need to be considered?
the Situation:
The public schools have been declining over the past several years in our area. I am also a certified teacher that has become disillusioned with the system and the lack of desire to learn. I have 2 girls that want to be homeschooled so that they can progress and get real hands-on learning. My oldest girl, because of a scholarship program she is a part of is currently choosing to stay in public high school. My-ex husband does not want them to leave public school, but cannot give any reasons other than there are "drawbacks" to homeschooling and that public school is better. I am the primary custodial parent, he has visitation - pretty much he has them between 2 and 4 overnights per month, and his parents have 4 nights a month. I have taught in our public schools and seen the issues with insanely large class-sizes filled with kids that want to socialize, not learn. With the concerns of bullying, watered-down politically correct curriculum, and the removal of most labs because of discipline concerns... We are ready to switch to homeschool.
Does anyone have any input as to things I need to be concerned about?
I believe that primary custody means that we can determine how we are educated, we just have to provide access to grades and performance to the non-custodial parent. Is this correct? Any input and prayers are appreciated.
_____________________________
It not that I don't think that the health care system needs reformation, but with the Gov't's track record, I fear that it will be like trying to sculpt a statute of my great-grandmother by using a shotgun.
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RE: Legal question Re: Homeschool in divorced families - 7/15/2009 11:44:23 AM
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cynthia
Posts: 7008
Joined: 3/31/2005
From: Beautiful Puget Sound Region
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This question can really only be answered by having an attorney review your custody agreement and then you still may end up in court if your ex is so inclinded as to fight you in court. HSLDA does not handle cases that have to do with custody.
That being said, there are families who homeschool against the wishes of the non-custodial parent, but you if it were me, I would see an attorney that specializes in custodial issues first and be prepared to deal with the fallout.
_____________________________
My husband and I have a motto:
We are the leader. We are one.
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RE: Legal question Re: Homeschool in divorced families - 7/15/2009 2:48:50 PM
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Sunnymom
Posts: 1521
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In most of the custody cases I have read about where homeschooling is in dispute, the court tends to rule toward the 'norm'- which is public school. I'd definitely get professional legal advice on this one.
_____________________________
Susan R
Sunniemom's Survival Guide
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RE: Legal question Re: Homeschool in divorced families - 7/15/2009 6:00:22 PM
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amybreit
Posts: 621
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If I were in your situation, I'd definitely get some legal advice, so I knew my rights & what to do if the non-custodial parent decides to cause trouble. Would your ex be willing to let the girls give it a try for a year? I'm not sure what your relationship is with your ex, but if he would agree to a trial period, maybe he would see the benefits & not focus on what he thinks are "drawbacks". If you know what his list of "drawbacks" are then you could answer questions about those & make sure you can show him that those needs are being met. For example, if he is worried about the big "S" word (you know, socialization), you could join a homeschool group & have the girls tell him/show him about field trips & clubs/activities they are involved in.
_____________________________
<------ Staci & Stoli, our k9 kids!
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RE: Legal question Re: Homeschool in divorced families - 7/16/2009 8:07:34 PM
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Restored_Heart
Posts: 917
Joined: 7/23/2005
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Thanks all for replying.
The custody issue has been settled for 4+ years.
I am a Master's Certified Teacher (HS Science)....
His main issue is that I want to teach them, I don't think he really cares about things other than that.... (He is difficult at best). The wording in the separation agreement is such that he is to have access to records and be consulted, but the wording is vague at best.
I am married to a wonderful Christian man, so I am able to stay at home - so there is not the stress of having to work outside the home and do homeschool as well.
_____________________________
It not that I don't think that the health care system needs reformation, but with the Gov't's track record, I fear that it will be like trying to sculpt a statute of my great-grandmother by using a shotgun.
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RE: Legal question Re: Homeschool in divorced families - 7/17/2009 1:54:33 PM
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shadowspring
Posts: 620
Joined: 5/27/2006
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I think you have the best shot of any divorced mother anywhere of being able to obtain a court judgement allowing you to home school!
Master certified teacher? Sounds impressive! 
Step-dad willing and supportive? Sounds good too. 
And the child wants to be home schooled? Also good!
If you are prepared to stand up for yourself if he takes you to court, then you could go ahead and start home schooling without his approval. If you are prepared to represent yourself, then all it will take is time and preparation. The most you could "lose" would be to have the judge ask you to put them back in public school.
On the other hand, your ex might not even go to court over it. And if he does, he might not win.
So, in famous SS decision diagram:
Stay in public school = no home school
Start home school = home school OR
go to court = home school OR
back to public school
So, if you do not attempt to home school, there is a 100% chance you will remain in public school.
If you start home schooling, it looks to me like a 25% chance you will have to return to public school.
The big decider for many families would be court costs. If you can represent yourself and keep your costs to a minimum, then it's a no-brainer. Prepare your "defense" and get started!
If you feel obligated to hire an attorney then it becomes a budgetary decision as well. That is a whole different story. I have no idea what that would cost you.
_____________________________
"Blessed is the man...whose delight is in the law of the Lord, and in His law meditates day and night. He will be like a tree planted by rivers of water..." from Psalm 1
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RE: Legal question Re: Homeschool in divorced families - 7/21/2009 8:07:59 PM
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walterquez
Posts: 1850
Joined: 4/12/2005
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Try your best to work with your ex, after all he is their father. Regardless of what the court say, how you work out with your ex or not, your children will see it. I am only saying this to look at the bigger picture.
_____________________________
St. Athanasius the Great
For our Canons and our forms were not given to the Churches at the present day, but were wisely and safely transmitted to us from our forefathers.
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RE: Legal question Re: Homeschool in divorced families - 7/22/2009 11:08:09 AM
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LivingUnderGrace
Posts: 1
Joined: 7/22/2009
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I am a divored mom that is homeschooling.
Primary PHYSICAL custody and Joint LEGAL custody are 2 different things. Homeschooling falls under the heading of JOINT LEGAL custody. Both parents have legal rights in deciding major issues in medical, religious, and schooling decisions (in other words, your ex does have say here, but then again, how is this going to play out if they cannot agree, is a judge really going to order WHERE your children must go to school?)
While your certificate can certainly help you, the fact that the children have been in Public school all this time can work against you, unfortunately. Your situation is very sticky and YES you are going to need to consult an attorney on this.
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