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, as in many states, parents have the right to decide on the educational path for their children, including the choice to homeschool. However, if you believe your child’s education is being neglected, you may have some options.

One option could be to request an educational assessment or evaluation of your child’s academic progress. This is not a specific motion, but rather a request you could make to the court. The court may then order an evaluation to determine if the child’s educational needs are being met.

Keep in mind that homeschooling is not inherently considered neglectful or inadequate, and many homeschooled children perform at or above grade level. The court will consider the specific circumstances of your case.

Seeking Full Custody

Regarding your question about filing a motion for full custody based on the other parent’s “paranoid feelings” about public school, it’s important to understand that custody decisions are made based on the best interests of the child. This is outlined in the Michigan Child Custody Act.

• The court will consider a variety of factors, including the emotional ties between the parents and the child, 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.
• The court may also consider the reasonable preference of the child, if the court considers the child to be of sufficient age to express preference.
• The court will also consider the willingness and ability of each of the parents to facilitate and encourage a close and continuing parent-child relationship between the child and the other parent.

If you believe the other parent’s feelings about public school are harming your child, you would need to demonstrate this in court. It may be beneficial to consult with a family law attorney to discuss your specific situation and potential strategies.

Next Steps

If you’re considering these actions, you may want to:

1. Consult with a family law attorney: They can provide advice tailored to your specific situation and help you understand your options.
2. Document your concerns: Keep a record of your concerns about your child’s education and any discussions or disagreements you have with the other parent about this issue.
3. Research homeschooling standards and regulations in Michigan: Understanding the legal requirements for homeschooling can help you determine whether the other parent is meeting these standards.

Remember, this information is general in nature and does not constitute legal advice. Always consult with a legal professional for personalized advice.