Homeschool Rights


My wife has home-schooled our children since they were born. (6) children, ages 19 down to 8 years old. The oldest just transferred to college.

She has acquired an attorney and her attorney is drafting a separation agreement. Currently I’m still in the home.

Do I have to agree to allow her to continue home-schooling the children, especially after 7th grade?

What would be required in order for me to secure this agreement to force her to stop? Lawsuit? What grounds would be reasonable that a judge would support?

The quality of her work is very good, but I object to her worldview that is being taught to the kids, long periods of unsupervised time with the older children, lack of internet monitoring, and the biggest concern is the dependency of the children on her. There are others that relate to my faith and social skills.

I am committed to paying for private school for 4 of these children; the 5th and oldest will likely transfer to college next year. I would let the children and my wife choose the school they attend.

She, obviously, doesn’t work outside of the home.

Thank you


You do not have to agree for the mother to continue homeschooling the children.

If neither parent can agree on the terms of a custody or child support order, then one of the parents will have to file litigation against the other. You can do this if neither of you can agree on the homeschooling issue, however, a judge will strongly consider the fact that each child has always been homeschool and may or may not be willing to change this. A judge will want to keep a child’s life as normal as possible despite their parents’ separate and divorce.

You may be able to reach a compromise where the mother homeschools the children until a certain grade, and then they transition to a different school setting.

Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

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