Why can’t HSLDA represent the parent seeking to homeschool in contested custody cases?

HSLDA’s primary mission is to protect parents’ legal right to homeschool from agents of the state. As a general rule, homeschooling only becomes an issue in a divorce case when the parents cannot agree with each other about the children’s education. Rather than the state challenging the parents’ rights, the parents are challenging each other’s rights. It is not for HSLDA to say which parent should be able to determine how the children are educated; if the parents cannot agree, the judge must decide what is best for the children based on the evidence before him.

Additionally, in many instances, the divorce occurs after the parents have joined HSLDA as husband and wife. Because both parents are or have been HSLDA members, we cannot represent an interest contrary to either spouse, even though one may be trying to keep the other from homeschooling.

One exception is if a judge in a divorce case rules that homeschooling is illegal. Because this would have consequences that are statewide, we will defend the legality of home education in that state. An example is HSLDA’s friend of the court brief in the New Hampshire case Kurowski v. Kurowski, in which a father challenged the homeschooling of his daughter by her mother, to whom the father was never married. The judge applied an essentially blanket rule implying that all children should go to school for the benefit of their brain development. HSLDA filed the brief in order to prevent potential legal repercussions for homeschoolers statewide. (Read the brief at www.hslda.org/nh; click on “HSLDA Challenges Absurd Ruling in State Supreme Court.”)

In a limited number of cases, HSLDA is able to refer our members to an attorney. We also provide a free information packet containing research on domestic and custody cases involving homeschooling (www.hslda.org/custody), and where there is no conflict of interest, we will consult with the member’s personal attorney.