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LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 10484
Experience:  Experienced Family Law Attorney
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Our non-contested Nevada divorce in 2006 granted custody to

Customer Question

Our non-contested Nevada divorce in 2006 granted custody to the child's mother who now resides in Oregon with the child, Konar, age 16. My question is whether home schooling, or periods of no schooling as opposed to his attending High School, affects my ex's legal right to receive continuing child support payments.
Along the same lines I have re-married and we are interested in my son's well-being as opposed to a lengthy absence of adequate education among other negatives re: his staying with his mother.
She has consistently located distantly and frequently re-relocated without my consent as per the divorce, and phone communications with Konar are only thru her. Konar and I have a great visiting relationship when I can travel to see him.
Submitted: 1 year ago.
Category: Family Law
Expert:  LegalGems replied 1 year ago.

The courts will allow the custodial parent to make decisions re: schooling issues unless the order provides otherwise. While home schooling is acceptable, no schooling is a violation of truancy laws, and can actually result in a change of custody (not to mention the possibility of criminal sanctions on that party that fails to compel mandatory attendance).

If a parent has an issue with the quality of the homeschool education, the party can file a motion with the court, requesting the court make an adjudication re: the child's schooling-for example, an order directing that the child attend traditional schooling.

Furthermore, if a parent relocates without parental/court approval (whichever the court order dictates) that parent can be held in contempt, and be forced to return the child to the proper state. While a parent has a constitutional right to travel, they do not have the right to take the child contrary to a court order. Any willful and intentional violations of a court order is what is required for a contempt citation.

It is also possible to request that the homeschooling parent provide a detailed summary of the studies to be audited by a school teacher to ensure adequacy.

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