When you have joint custody, can one parent home school a child without the other parent’s consent?

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When you have joint custody, can one parent home school a child without the other parent’s consent?

I pulled my daughter out of regular school to attend a K-12 virtual school, before I did I told her father that I was doing. He wasn’t happy but told me “whatever”. Now he states that he is going to take me to court for this issue. He is behind his child support and I don’t push the issue at all. Now I am wondering on what I need to do?

Asked on October 3, 2012 under Family Law, Indiana

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

His child support issues has nothing to do with custody; they are mutually exclusive issues in the eyes of the court. If you have joint custody, review your divorce decree to determine if it mentions you have equal say in the educational matters or if it leaves it open for him to contest the matter. Be careful. If he winds up contesting it, he may wind up actually also asking for full custody.


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