Can I File a Motion to Have My Child Tested and Seek Full Custody Based on the Other Parent’s Resistance to Public Schooling in Michigan?

Question from AJ, Can I File a Motion to Have My Child Tested and Seek Full Custody Based on the Other Parent’s Resistance to Public Schooling in Michigan?

Answer from AI:

Requesting Educational Assessment

In Michigan, parents have the right to request an educational evaluation of their child if they suspect their child is not meeting educational standards. This is typically done through the school district, but in a situation where one parent is homeschooling, you may need to consult with a legal professional to understand the best way to proceed.

Michigan law does not require homeschooling parents to follow a specific curriculum or conduct standardized testing. However, if you believe your child’s education is being neglected, you may be able to file a motion in court to request an educational evaluation.

Seeking Full Custody

In Michigan, custody decisions are made based on the best interests of the child. The court considers several factors, including the child’s emotional ties to both parents, the capacity of the parents to provide the child with food, clothing, medical care, and other material needs, and the mental and physical health of the parents.

If you believe the other parent’s resistance to public schooling is harming your child’s education and overall well-being, you may be able to argue for a change in custody. However, the court will consider many factors, not just educational concerns.

Steps to Take

1. Consult with a legal professional: This is a complex issue that requires personalized advice. A lawyer can help you understand your options and guide you through the process.
2. Document your concerns: Keep a record of your child’s academic struggles and any conversations or disagreements about schooling. This could be useful evidence if you decide to go to court.
3. Communicate with the other parent: If possible, discuss your concerns with the other parent. They may be willing to cooperate and find a solution that benefits your child.

Resources

• The Michigan Department of Education provides information about homeschooling regulations and resources for parents.
• The Michigan Legal Help website offers self-help tools and information about family law issues, including custody disputes.

Remember, this information is general in nature and does not constitute legal advice. Always consult with a legal professional for advice tailored to your specific circumstances.