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How home schooling may impact North Carolina custody rulings

When awarding custody of a child to a parent, a family law judge must consider the best interest of the child. One issue that may arise is whether to place a child with a parent who believes in home-schooling a child. There are many factors that a judge may use to determine if that parent is making a decision that is in the best interest of the child.

If the child is doing well in that type of environment, the judge may consider that a positive thing. However, if home-schooling a child causes tension between a child and a parent, it may not be considered in the best interest of the child. Further complicating the decision as to whether home schooling is good for a child is what he or she is being taught.

A judge may believe that a child learning religious material may be good for the child. On the other hand, a judge may believe that a parent teaching a secular curriculum may be more beneficial. As the decision is made based on the view of a particular judge, there may not be a good way to predict what the outcome will be in a given case.

A family law attorney may be able to present a parent's choice regarding how to educate their child in a positive light. If the children appear happy, healthy and able to socialize with others, a judge may grant custody to the parent educating the children at home. While a judge may use his or her own views to determine what is best for a child, the ultimate goal is to do what is best for the child regardless of where they get their education.

Source: The Washington Post, "Home schooling and child custody", Eugene Volokh, August 18, 2014

Source: The Washington Post, "Home schooling and child custody", Eugene Volokh, August 18, 2014

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