Q: Homeschool in Texas.
Can a non custodial parent be charged with truancy for not completing curriculum or dropping them off at the custodial parent’s house during school hours to complete work during a weekly visitation?
A: I would assume the primary parent would be charged with truancy, You could file a Motion to Modify and get custody so your child could get an education,
Truancy is no longer a crime in Texas.
If a child is absent or tardy too often, court intervention usually requires participation by the child and both parents in various activities like counseling and classes. The parents can be held in contempt for not attending those classes.
While Texas is more receptive to homeschooling than other states, most judges recognize that successful homeschooling requires the support of both parents. Where one parent is resistant, the solution often is requiring the child to be enrolled in a traditional school.
Basically, a custodial parent cannot force a non-custodial parent to act in the role of a child’s homeschool “teacher.” That type of “controlling” behavior rarely plays out well in family court as it leads to a toxic co-parenting relationship that is usually not in the child’s best interests.
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