Homeschooling and Child Custody

This article was last updated: Oct. 3rd, 2023

Homeschooling has become more and more popular in recent years. Some parents choose this option for religious reasons, others because they simply believe their child will be better served by education at home. Homeschooling can become an issue in a custody case in several situations. When a parenting plan is being created, the plan has to work with the schooling schedule. Sometimes one parent opposes homeschooling and would prefer a child attend public or private schools and will not consent to homeschooling.

In Arizona, the parent with legal decision-making authority makes the decision about how and where the child will be educated. If legal decision-making is being decided by the court and the parents have differing views on schooling, this may play a part in the decision the court makes. The custody decision is made based on what is in the child’s best interests. One of the factors considered by the court in this analysis is the child’s adjustment to school. If a child is currently homeschooled, the court will examine how the child is doing and if remaining in homeschooling would benefit the child. If the child is currently in a traditional school, the court will again examine the child’s progress and determine if remaining in the school or switching to homeschooling is best.

Homeschooling is legal and is considered an appropriate education as long as the parent providing the education meets the standards and requirements set by the state. In the past, homeschooling may have been a negative factor, but today it is considered acceptable.

If you are involved in a custody battle involving homeschooling, gather records and evidence that demonstrate your child’s progress (or lack of progress) in the current schooling environment. If your child was previously involved in a different kind of schooling, evidence of how well your child fared in that environment will provide needed contrast.

Call the Sampair Group for advice in your custody case in the Glendale, Mesa, and Phoenix areas of Arizona. We are ready to help you with your case.