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

Answers:

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. 


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