Custody Dispute Over Schooling

Summary

In Ohio, courts prioritize the childs best interest, considering factors like domestic violence history and parental cooperation. To challenge homeschooling, the father must show the plans inadequacy, your lack of qualifications, or unmet social needs. Demonstrating a comprehensive curriculum, consistent schedule, and socialization can reduce his chances. Consult a local family lawyer for personalized advice.

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I’m divorced from my ex due to DV. We have a 3 year old. Ex eventually agreed to give me full legal and residential custody. He has regular visits. He disagrees with a decision I am making concerning her schooling starting in the fall. So he is now threatening to take me back to court to get more legal custody. What are his chances of being successful in this?
Hi ****! This could depend on several factors. However, it's crucial to know where you are located as family laws can vary by jurisdiction. Could you please share your location so I can provide more accurate information?
I’m in Ohio
Hi ****! In Ohio, the courts consider the best interest of the child, any history of domestic violence, and the parents' ability to cooperate and make decisions jointly.
- If the father can prove the schooling decision is not in the child's best interest, he might have a chance.
- However, his history of DV could impact negatively.
Please consult an attorney for personalized advice.
While the judge believed my case for DV, I did not have substantial evidence to prove it and that may not hold up in the future. The school we agreed on before finalizing court orders is not in my budget right now (but may be eventually, just not yet), so I was going to homeschool until it is. What kind of things would he have to use to prove that homeschooling is not in her best interest?
In Ohio, to argue against homeschooling, your ex might need to show:
- The homeschooling plan lacks structure or a comprehensive curriculum.
- Your ability to homeschool effectively, i.e., qualifications, time, resources.
- The child's social needs aren't met.
A family lawyer can provide detailed advice based on your situation.
So if I can prove that I have a comprehensive curriculum, homeschool on a consistent schedule, (I am a high school graduate), and make sure she is well socialized, then his chances are not good?
Yes, if you can successfully demonstrate these things in court, it could potentially decrease his chances of proving homeschooling isn't in your child's best interest. But remember, a judge will make a decision based on what's best for the child. Consulting a local family lawyer is advisable.