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Does Homeschooling Have an Effect on Child Custody Arrangements?

homeschooling and divorce

If you are facing a custody case, contact us today!

Courts decide child custody based on what is best for the children, and most of the time, we think of things like financial stability and mental health as aspects that provide a stable living situation for children. However, education is a hot topic in child growth. Homeschooling, in particular, is a divisive topic, especially because doing it right can be difficult and very hit or miss.

Colorado courts recognize homeschooling as a viable venue for education, so long as various standards are met, such as notifying school district with intention, providing a diverse education, and instructing at least 172 days with an average of four hours a day. Additionally, the child must be tested at various grade levels. Homeschooling can be a great way to support gifted children if done well, but it also has more potential to go wrong due to its flexible nature.

If you are going through a divorce and have just been informed that the other parent intends to homeschool (or perhaps you believe that homeschooling is in the best interest of your child), your first step to ensure that your wishes are respected (for or against the homeschooling based on the unique circumstances of how the schooling is implemented or not) would be to recruit legal help to create the strongest argument to present to the Court and to ensure that the education plan is consistent with or superior to the applicable educational standards.

In many cases, the parties to a custody case may ask the court to appoint an expert to consider the benefits or challenges of homeschooling. For example, a parental responsibilities evaluator (PRE) or a child and family investigator (CFI) may be essentially to proving or challenging whether homeschooling is in the best interest of a child. The PRE or CFI would normally be a child psychologists or educational professionals on whom the court can rely for an independent expert opinion in additional to hearing testimony from the parents, friends, relatives, educators and acquaintances for character reference.

Whether you want to protect the right to homeschool your children or whether you believe that homeschooling is not in the best interest of your child, retaining an experienced attorney familiar with the challenges and legal burdens on the hot topic of homeschooling is your best chance for success. Contact the dedicated attorneys at The Drexler Law Group today for a consultation.

Posted in: Child Custody

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