When 'I Do' Becomes 'You Won’t!': Preserving the Right to Homeschool after Divorce

Abstract

With homeschooling on a sustained, dramatic-growth curve, cases involving divorced parents and child custody disputes are not unique. Indeed, homeschooled families cope with divorce and single parenting like the rest of society. And when separated couples disagree about the decision to homeschool, thorny issues arise, fanned by deeply-held beliefs and strong emotions. This Article addresses those issues and explores how courts decide if homeschooling is in a child’s best interests. The Article examines two crucial defenses raised by homeschooling parents in these cases: a fundamental parental liberty interest, and the right to freely exercise one’s religion under the First Amendment. It considers the “best-interests-of-the-child” standard and critically analyzes six key factors that drive court decisions in these tough custody cases. Finally, the Article discusses strategies used to convince courts to treat homeschooling with the same deference as the decision to send a child to public or private school.

Keywords: home, school, homeschool, home-school, divorce, education, child custody, religion, due process, fundamental parental right, courts, best interests of the child