Can I Homeschool My Child After an Illinois Divorce?

 Posted on July 31, 2024 in Child Custody

Homeschooling, once a fringe alternative to public and private schools, has become the fastest-growing form of education in the United States. At least five million K-12 children in the U.S., or 11.1 percent, are educated at home. Homeschooling has exploded since the pandemic, particularly among minorities. 

However, there are still plenty of parents who feel homeschooling is not the right move for their child. Home education can thus become a thorny disagreement for divorced parents who have opposing views on the subject. Ultimately, the decision will depend on how the parental responsibilities are divided, which this article will discuss. Consult an Illinois child custody attorney if you have disagreements with your ex-spouse that may affect your child.

What Are Parental Responsibilities?

There are two components to child custody. There is physical custody, which Illinois law calls parenting time, and there is legal custody, which Illinois law calls parental responsibilities. Parental responsibilities refer to a parent’s obligation to make major decisions for the child, namely in the following three areas:

• Health: A parent can make decisions about the child’s medical care, including treatments and nutrition.

• Religious upbringing: A parent can decide what faith the child will follow and to what degree of observance.

• Education: A parent can make decisions about the child’s form of education, where the child goes to school, and to some extent, what the child learns.

How Are Parental Responsibilities Divided?

By default, Illinois law recognizes the rights and responsibilities of both parents as equal. This means that neither the mother nor the father is recognized as automatically being more equipped to make decisions for the child. However, courts often prefer that both parents do not share the same parental responsibilities, because that could lead to disagreements and negatively affect the child. 

Therefore, divorcing parents sometimes divide the parental responsibilities so that one parent has two decision-making powers while the other parent has one. Or, one parent may have all the parental responsibilities if the parents and/or a judge determine it to be in the child’s best interest.

The parenting plan outlines how parenting time and parental responsibilities are divided. A parenting plan is a document that details certain provisions for parenting the child after divorce. Each parent is required to submit a parenting plan to the court for approval before the divorce is granted.

Who Decides If the Child Will Be Homeschooled?

Whichever parent is named in the parenting plan as having decision-making responsibility over the child’s education will decide whether the child should be homeschooled. The other parent may disagree with the decision, but a court is not likely to interfere unless it is in the child’s best interest.

Contact a Kane County, IL Child Custody Attorney

The parenting plan determines who can decide whether your child is homeschooled or not. Drafting a parenting plan, or asking a court to modify it, should be done by a St. Charles, IL child custody lawyer. At Goostree Law Group, our experienced attorneys offer excellent professional guidance and legal services in child custody matters and other areas of family law. Call 630-584-4800 to schedule a free consultation with a skilled attorney today.