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Updated: September 2007
Custody Disputes

Issue Description
From time to time, HSLDA members become embroiled in custody disputes in which the ex-spouse is asserting that homeschooling is damaging to the child and not in the child's best interest. Homeschooling is therefore used against the custodial parent in order to change custody or prevent the custodial parent from homeschooling.

Issue Background
As homeschooling has become a much more widely used educational option it has also started to figure more prominently in custody disputes. This has usually occurred when one party wants to continue or start homeschooling the children, and the other party is opposed to the idea. The courts have continued to apply the "best interest of the child" standard to each particular situation to determine whether homeschooling would be a wise choice.

 Other Resources

Research on Domestic and Custody Cases Involving Home Schooling (PDF)

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