QUESTION
Can I Prevent Ex-Wife from Continuing homeschool?
Asked on Apr 25th, 2019 on Family Law - Florida
More details to this question:
Our Parenting Plan is written under the impression the kids would be in brick-and-mortar schools. Their mother took the kids out for this school year to homeschool, exercising her authority of decision making for academics, even though I was against it. One reason is that we have 50/50 custody, and the kids are not really taught while on time-sharing with me. Many times they forget items at her home when coming, or she is not prepared and sends them on days without assignment, a lower amount of assignments, or lapses into my time-sharing by having me wait on the children while she prepares. Our exchanges were written to happen at school, but now cannot due to her decision. Our relationship has become more bitter due to her controlling attitude with this. We cannot come to a common ground of where to meet or time as she changes it constantly for her convenience. Prior to, the kids were passing traditional school, even making honor roll.
1 ANSWER
Dear Anonymous:
First, check your parenting plan. If it says you have "shared parental responsibility" and neither parent has ultimate decision making, then the children's mother is not permitted to make a unilateral decision about home schooling.
However, the only enforement mechanism you have is to return to the court and ask the court to enforce the agreement and return the children to public school- which is what they were attending at the time of the parenting plan, according to your inquiry.
You should also be prepared to show the court that keeping them in public school is in their best interest. From you email that makes sense since currently it appears you have the obligation to home school them while they are with you, and you may not have the time or academic background to do so. There are probably a myriad of other reasons why you believe this in not in the children's best interest so be prepared to tell the court.
Alternatively, you could petition the court so that you make educational decisions in the future since the mother has chosen to not consult with you as per (presumably) your parenting plan requires.
Best of luck,
Cindy S. Vova
Law Office of Cindy S. Vova, P.A.
Broward: 954-316-3496
Boca Raton: 561-962-2785
Answered on Apr 26th, 2019 at 5:15 AM