Understanding the Legalities of Homeschooling Post-Divorce in Georgia

Co-Parenting Divorce

Mom helping son with schoolwork on desktop computer

Jun 12, 2025 | Content

Many parents prefer to homeschool for various reasons. If your child is being homeschooled and you are getting a divorce, you may be surprised to learn that the end of your marriage could impact your right to homeschool your kids.

Parents with legal custody can make educational decisions for their children, but disputes may arise during a divorce. Our Georgia family law attorneys can help you understand the legal aspects of homeschooling your children after a divorce.

Understand Your Custody Rights

Legal custody means the right to make decisions for the child, including decisions about education. Parents may share legal custody even when physical custody is primarily with one parent.

The Official Code of Georgia §19-9-3 governs custody decisions. It requires family court judges to consider the best interests of the children when approving the parents’ custody agreement. Unless there is a reason why one parent should not have decision-making authority, divorce orders typically call for the joint legal custody of the children.

If you and your former spouse have joint legal custody, you must agree on educational plans for your children. The parent with primary physical custody cannot decide to homeschool without the other parent’s consent unless the divorce decree explicitly gives them the right to make the final decision on educational matters. If a parent has sole legal custody, then the decision whether to homeschool is theirs alone.

Disputes About Homeschooling

A parent who shares legal custody after a divorce and homeschools without the co-parent’s consent risks potential legal complications. Whether you are the parent who wants to homeschool or the parent who opposes it, it is wise to get legal advice from an attorney before taking any action.

The parent who opposes homeschooling can bring an action in Georgia family court. They can ask the judge to modify the custody order to give them final say over educational decisions or even sole legal custody. They can also ask the judge to hold the other parent in contempt for violating the custody order calling for shared legal custody.

In addition, the parent who opposes homeschooling can report the co-parent to the Division of Family and Child Services. Child protection workers investigate cases of educational neglect. It can be stressful and time-consuming to prove that your child is receiving an adequate education and that you are compliant with homeschooling requirements.

How Do I Handle Homeschooling Disputes?

Homeschooling disputes after a divorce can trigger bitter disagreements. Children adapt to divorce much better when their parents can present a stable, united front. For your children’s sake, it is best to resolve homeschooling disputes as soon as they arise.

Figuring out the reason a parent objects to homeschooling can help resolve the issue. When a parent homeschools, they likely do not work, and the co-parent may resent paying additional alimony to allow the teaching parent to stay home. In addition, children will spend far more time with the homeschooling parent, which may cause the other parent to fear that their relationship with the children may suffer.

Parents can work with a mediator, pastor, or family therapist to resolve these issues. When counseling, consultation, and negotiations do not produce acceptable results, the custody attorneys on our team can help you take legal action to defend or oppose homeschooling.

Consult a Georgia Attorney About Homeschooling Disputes

Disputes about homeschooling can derail an amicable relationship after a divorce. The topic can be polarizing, but working with your co-parent to resolve the disagreement is worthwhile for your children’s sake.

Our team at Atlanta Divorce Law Group can ensure you understand your legal position regarding homeschooling your children after a divorce. Reach out to us today to learn more.

Click Here for a Consultation

Understanding the Legalities of Homeschooling Post-Divorce in Georgia

Understand Your Custody Rights

Disputes About Homeschooling

How Do I Handle Homeschooling Disputes?

Consult a Georgia Attorney About Homeschooling Disputes

Search

Categories