The Question:
I have physical custody of our child from Monday through Friday. The father has custody every other weekend. I’ve decided to homeschool our child. Can he legally force the child to stay in public school?
RJ Says:
The answer depends entirely on what your current legal decision-making orders say. In Arizona, legal decision-making—not physical custody—determines who can make important decisions about a child’s education.
If one parent has Sole Legal Decision-Making, that parent generally has the authority to make educational decisions, including choosing to homeschool. However, the other parent can still file a motion with the court if they disagree and want the court to intervene.
If your orders reflect Joint Legal Decision-Making, both parents must agree on significant educational decisions. If you can’t agree on where your child should go to school, you’ll need to follow a process like this:
Try to resolve the disagreement informally.
Use mediation, especially if your parenting plan requires it.
If those steps fail, either parent can file a motion with the court.
The court may make a ruling on the educational issue specifically, or—if it finds ongoing conflict—it may consider modifying the legal decision-making arrangement altogether.
If you’re unsure about the terms in your current orders, or if you’re facing resistance from the other parent, it’s important to understand your rights and options. A qualified family law attorney can help you interpret your orders and take the right steps.
Our office offers free half-hour consultations to help you evaluate your legal position and plan your next move. Call (602) 256-7575 to schedule yours today.