Do I have to have permission from my ex-husband to homeschool our son if I am the custodial parent?

My son is 13. He has had difficulty with school. I work from home as an online teacher. I have been a teacher for 12 years, 9 in traditional setting. I have a BS in Mathematics and a Masters in Education. My ex-husband does not agree with this decision and has threatened to take me to court.

Asked on July 17, 2012 under Family Law, Kentucky


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Being the custodial parent does not mean that he does not have "joint custody" in making decisions regarding the issues that surround raising a child, school being one of them.  One would need to review your divorce agreement and the custody order.  Being the custodial parent just means he lives with you most of the time.  If you have joint custody then yes, you need his permission or a court order. 

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.