My Ex Wants to Homeschool Our Children, but I Do Not

 Posted on April 08, 2025 in Family Law

Divorce is virtually always difficult in one way or another, and once you signed your final divorce papers, you may have breathed a huge sigh of relief. The marriage is over, the divorce is over, and now you only have to see your ex during pickups and drop-offs. Life became so much simpler, right? Then, after months of managing to co-parent in peace, your ex just informed you that she plans on homeschooling your children. Suddenly, life is no longer peaceful or simple.  

If the judge granted you and your ex the right to make major decisions regarding your children's upbringing during the allocation of parental responsibilities, then both of you will jointly make decisions regarding education, religion, health, and other important matters. You may not have thought this would ever be a huge issue since you largely agreed on these issues when you were married. Now, you are adamantly opposed to homeschooling, so what does this mean?

Will you have to go back to court? Is this going to cause a permanent rift between you and your ex, making co-parenting much more difficult? Now is not the time to sit back and hope your ex changes her mind. The sooner you can speak to an experienced Geneva, IL family law attorney, the better position you will be in to put your ex’s plans to homeschool on hold.

Ask Yourself Why You Are Opposed to Homeschooling

Before you even discuss the issue with your ex, sit down and look at the issue calmly. What are your objections? Perhaps you are not confident that your children will receive a well-rounded education through homeschooling or that the lack of socializing with other children will have a negative effect. You may want your children to be able to choose extracurricular activities they are interested in, or you may simply doubt the ability of your spouse to provide a solid education.

There is also a logistical issue. Right now, your ex has the children Sunday mornings through Thursday mornings, and you have them from Thursday morning through Sunday morning. You work Monday through Friday but have adjusted your work schedule to accommodate taking the children to school and picking them up on Thursdays and Fridays.

Homeschooling would throw that schedule right out the window. What would you do with the children on those days during your parenting time, and would you be responsible for homeschooling when the children were with you? If your ex is immovable on the issue, and you cannot agree, you may end up back in court.  

The Judge Will Decide Based on the Best Interests of the Child

The best interests of the child are always the primary consideration for family court judges when making decisions, as stated in 750 ILCS 5/602.7. The judge will also recognize that homeschooling will likely not yield positive results unless both parents are on board. Since you and your ex have an equal allocation of parental responsibilities, and the two of you cannot agree, the judge will hear from both sides before deciding the outcome.  

Your ex will likely talk about potential bullying at school, the high student-to-teacher ratio, and why she is qualified to homeschool the children. You will detail your objections to homeschooling, along with the fact that you would either lose a significant amount of your parenting time or be forced to place the children in daycare or another similar situation because you work on Thursdays and Fridays.

Expert witnesses may be brought in by both sides to shore up positions. The judge will ultimately make a decision, and both sides will be forced to live with that decision. If it is in favor of your ex, a new parenting plan and probably new parenting times will be determined.

Contact a DuPage County, IL Family Lawyer

If you find yourself in a dilemma like this one – or another type of issue – speak to a knowledgeable Wheaton, IL parental responsibilities attorney from McSwain Rapp Law, LLC. We work diligently for each client to help restore balance to their lives. Call 630-581-2877 to schedule your free consultation.