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Homeschooling in the Child's Best Interest

This webpage is provided for informational purposes only. It is not legal advice. If you are considering or involved in a divorce, please consult a licensed attorney who can best answer your questions and represent your interests.

Sometimes, no matter how hard you try to reach a compromise, divorcing parents can't agree on certain fundamental issues. Not being able to agree to continue to homeschool - or wanting to start to homeschool after a divorce has been finalized - can land a couple in front of a judge.

No matter how good a parent you are, suddenly you'll find your right to make a decision on behalf of your child taken away from you. Instead, a total stranger will make the decision for you and your ex-spouse. While a certain amount of personal opinion is thrown into making judgments, really, a family court is supposed to be guided by a best interest principle.

No hard and fast rules apply to determining homeschool-educational best interest. Generally a judge expects to hear facts that address a number of concerns, including, but not limited to:

  • Present compliance with state homeschool laws or regulations
  • Special learning needs and how they can be met through home instruction
  • Child's current level of achievement
  • Capacity of the homeschool parent to provide an appropriate education, including a review of curriculum
  • Financial ability of both parties to pay for homeschooling
  • Frequency and duration of social opportunities the child regularly engages in
  • Ex-spouses ability to be involved in the homeschool
  • Potential disruption to the child's social life that a change in schooling might cause
  • Depending upon the age of the child, the child's wish to homeschool
  • Mental and physical health of the child and homeschool parent
  • Emotional and physical safety of the child


Before an attorney can successfully argue an educational placement hearing for a parent, the attorney must first understand homeschool legalities and how they play out practically speaking. Maryland Hand In Hand Homeschool works with attorneys to develop a better appreciation of the nature of homeschooling and why it is in the best of interest of the children to continue along this educational journey. Contact Maryland Hand In Hand Homeschool to discuss how we can be of assistance to you.

The information on these pages is provided for informational purposes only. It is not to be construed as legal advice or counsel.


April 02, 2020

What our clients say about Hand In Hand:

"Sincere gratitude & many tears of joy have been shed by those who know us. I firmly believe we would not have had this outcome without you."

~ Laura from Virginia


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