Can I Stop My Ex From Homeschooling My Children in Illinois?

 Posted on August 09,2024 in Child Custody

When parents go through a divorce in Illinois, they generally have some type of shared custody arrangement. Even if one parent has the majority of parenting time and parental responsibilities, the other parent is typically entitled to some time with the children and some ability to make decisions for them. A major area that can have a big impact on the child’s life is their education. Deciding how your kids will be educated is important, and both parents usually want what is best for them. What happens if the parent with a greater share of custody wants to homeschool the children but the other parent strongly disapproves? If you are in this situation, speak with a qualified DuPage County, IL divorce lawyer to understand your options.

Legal Steps You Can Take

Homeschooling can be an excellent option for some children but is not the best choice for everyone. If you are against homeschooling your children but your ex will not listen to your concerns, there are legal steps you can take to address the situation while your divorce is being settled:

• Review your custody agreement: Check your custody agreement or court order. It might include details about how decisions concerning your child’s education should be made. If your agreement specifies that both parents need to agree on major decisions like homeschooling, you can use this as a basis for your argument.
• File a motion with the court: If you can’t reach an agreement but feel passionately that homeschooling is not in your child’s best interest, you might need to file a motion with the court. This legal request asks the court to review and decide on the issue. You will need to provide evidence and show why homeschooling is not suitable for your children.
• Prepare for mediation: In some cases, the court might suggest mediation. If so, a neutral third party will help you and your ex find a solution. Mediation can be less stressful than court and might help you reach a compromise.

Schedule a Free Consultation with a Wheaton, IL Family Law Attorney 

If you and your ex disagree about your child’s education, it can be challenging to see a path forward. If your ex wants to homeschool and you disagree, it is important to understand your legal right and consider taking legal action if necessary. An experienced DuPage County, IL divorce lawyer can navigate this process with you. At Davi Law Group we are dedicated to helping families reach their optimal outcomes. Call us at 630-657-5052 to schedule a free consultation.