Caledonia, MI asked in Family Law and Child Custody for Michigan

Q: My ex is attempting to homeschool 1 out of 2 kids without my input and won’t inform me of why.

We went to court last year because she homeschooled them the year before. Her mom taught them 2 days a week, 3 hours a day on animal studies, algebra, and religion only. Court order says I have to be involved in schools and that all communication needs to be to both parents. She won’t communicate why daughter needs to be homeschooled and will not forward me communications she had. Can I take her back to court for this? She has a lawyer, I do not. With mounds of other evidence showing parental alienation and uncooperative/vindictive behavior, is this grounds for custody change? Kids are 14/12, she has sole custody. I live 2 hours away.

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1 Lawyer Answer
Brent T. Geers
Brent T. Geers
Answered
  • Grand Rapids, MI
  • Licensed in Michigan

A: Can you take her to court? Yes. Will you win? Depends on what you consider winning. If she has sole legal custody (as opposed to primary physical custody), you can argue but you have a tough road ahead, especially if you're proposing a drastic change in the child's education or a reversal of the custody order.

Parental alienation is an issue, but one that is argued more often than won. The solution to it usually involves a substantial and long term commitment by BOTH parents to professional counseling (which you pay for) and / or the appointment of a guardian ad litem / parenting coordinator (again, which you pay for, at least in part)...all with possibly no substantial change to the existing custodial environment.

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