Custody Laws on Home Schooling - Homeschooling Custody Rules & Requirements

Most home school laws do not specifically mention custody. Custody laws on home schooling can be complicated. This is especially true if the parents live in different states.

custody laws

In this situation it will be best if you use an online school where you are given the lesson plans. For an in depth look at your particular state’s laws on custody and homeschooling you should visit the Home School Legal Defense Association’s (HSLDA) website.

There is information on each states requirements for home school. The specific custody laws may not be mentioned.A consultation with a knowledgeable attorney may be required to ensure that you are in compliance with state and local laws.

See the HSLDA for advice on locating an attorney in your area who understands homes schooling.If you reside in California there are many laws to consider. A current decision by the Second Appellate District Court of Los Angeles involving a home school family may change everything for California homeschoolers.

The opinion rendered by the court is based on a 1950’s court decision on home school. This opinion states that home school is not legal in the state of California. You can read more on this case at the HSLDA website – hsdla.org. There are very specific requirement for custody and attendance in California.

Enrollment in a tutoring or private school exempts children from the compulsory attendance at a public school. Currently the one of the California laws that addresses attendance and custody is as follows:

“…48200.5. Notwithstanding Section 48200, any resident of the City of
Carson who is the parent or legal guardian of a person subject to
compulsory education may enroll that person in either the school
district in which the residency of the parent or guardian is located
or in the Los Angeles Unified School District pursuant to the terms
of an agreement permitting those transfers that is mutually adopted
by the Compton Unified School District and the Los Angeles Unified
School District…”

The above statement is taken from the State of California’s website http://www.legalinfo.ca.gov/calaw.html.It is important to note that the law on homeschooling in California is very difficult as there is no actual home school statute.

Make sure you are very certain to file all of you paperwork if you are homeschooling. Custody and California laws make the situation all the more complicated.

The best thing to do would be to set up both custodial parents’ homes as private schools. I would definitely recommend consulting with an attorney if the custodial parents live in different school districts.

Overall the issues of custody laws on homeschooling are vague as most laws do not address custody, but they address mandatory attendance and other requirements. Be sure to comply with your states laws.