When Exes Disagree About Homeschooling in Illinois

 Posted on September 11, 2024 in Child Custody

Most parents send their children to school, but homeschooling is growing in popularity. It is a big commitment to take responsibility for your child's education rather than entrusting it to trained teachers. While certain standards must be met, the teaching parent is largely free to tailor a curriculum to the child’s needs.

Homeschooling can be beneficial, but it has its drawbacks too, with limited socialization and potential for lower-quality teaching. It can become a problem for parents who share custody but are not on the same page about education. If your ex opposes your homeschooling your child, an experienced DuPage County, IL family law attorney can help navigate this.  

Illinois Parental Responsibilities Explained

Child custody in Illinois is divided into two categories:

• Parental responsibilities: This includes the ability, as well as obligation, to decide about things that can have a big impact on the child. One of these big decisions the parents have the right to make is about the child’s education.

• Parenting time: This is what people commonly call visitation, and refers to the time a child is with each parent. Each parent is responsible for taking care of the child and providing for all her needs when it is their parenting time.

Who Decides About Education When Co-parents Disagree?

Illinois courts prefer granting both parents decision-making rights even if one parent has the majority of parenting time. That means that both parents can have a say in their child’s education. This can be challenging if they disagree about it, in which case there are several ways you might resolve the disagreement:

• Negotiate and compromise: You and your ex might be able to reach a compromise you can both feel comfortable with. For example, your ex could insist that the social factor of school is important for child development while you are convinced that your child will not find his own voice in his large class. Maybe you can join a homeschooling network, where students are taught daily at home by their respective parents but have weekly meetups. If you would prefer to tailor the curriculum to your child’s needs but your ex is worried about the educational quality, you might agree on benchmarks where your child will prove aptitude in various subjects or be enrolled in a school. There are ways to think creatively to solve disputes, but this is only possible if you and your ex are willing to acknowledge each other’s concerns.

• Attend mediation: If you fail to reach productive solutions on your own, a mediator might be able to think creatively. If your challenge is listening respectfully to each other’s concerns, this neutral third party might be able to actively encourage that. The same solutions mentioned above can be nearly impossible to consider if you are not on good terms, but if you both agree that you want what is best for your child and are open-minded about mediation, you might be able to reach the same conclusions after all.

• Go to court: If the first two options are not possible, you might need to get the court involved. However, any court decision is legally binding and requires an official appeal to be overturned, so it is always preferable to reach some arrangement outside court.

Contact a Lombard, IL Family Law Attorney

If you and your ex disagree about homeschooling, speak with a knowledgeable DuPage County, IL parental responsibilities lawyer for guidance on how to get past this. At A. Traub & Associates, we are passionate about prioritizing the best interests of children. Call us at 630-426-0196 so we can help your family reach a resolution.