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Home Schooling & Child Custody In Arizona

There are many schools of thought regarding what is best for a child’s education. Many people assume that their children will go to public school, just like they did. But it’s understandable to deviate from this norm in Arizona, as we rank 51st in the nation for public education. Those educated in Arizona might not even raise an eyebrow at that statistic, although Washington, D.C. counted as a state for this ranking. Instead of dedicating more resources to our public schools, Arizona lawmakers introduced a tax credit for families that send their children to private schools. The claimed intention was to ease the burden on our public school system, but these days, it’s hard to believe anything is done in politics without the motivation of making rich people’s lives easier, especially at the expense of the working class. So wealthy families can get a discount on sending their children to private school like they were already going to, and our public schools still rank dead last in the nation.

If you get anxiety from headlines about school shootings, bullying, and teachers molesting their students, you might be looking for some other option. Homeschooling has long been notorious for producing socially awkward but academically gifted students. Some parents bond over a shared desire to have more control over their children’s education, while others disagree over the best way for their children to learn. This kind of issue can become even more contemptuous if the parents ever split. Education is just one of the issues that needs to be addressed in a child custody plan. It may take careful convincing and negotiation to achieve your educational goals for your children, whether that is homeschooling or public or private education. Our Arizona family law team has significant experience in several specialized areas of divorce and child custody. Set up your free consultation by phone today by calling 480-470-1504.

Physical & Legal Custody

Arizona differentiates between two separate types of child custody: physical custody and legal custody. Physical custody is more formally referred to as “parenting time” in Arizona. Legal custody is called “legal decision-making”. They somewhat go hand-in-hand, but one parent can maintain legal custody over a child while the child is not in their physical custody. In Arizona, family law judges prefer to give parents equal rights to their children through joint custody. This might not be 50/50, but a parent can still maintain legal custody rights when the child is with the other parent. Legal custody covers a variety of important life decisions for the child, including the right to choose whether or not a child should be home-schooled. Consulting a child custody lawyer can help parents understand their rights and navigate the complexities of legal decision-making.

A judge can deviate from 50/50 custody for a variety of reasons. A judge must make rulings prioritizing the child’s best interest, which is defined in Arizona by A.R.S. § 25-403. These factors can be considered at an initial custody hearing or a custody modification. Some of the factors the judge is instructed to consider include:

The child’s adjustment to home, school, and community
The past, present, and potential future relationship between parent and child
The mental and physical health of all individuals involved
The interaction and interrelationship with other people who affect the child’s best interest, such as siblings
Which parent is more likely to allow the child to have frequent and meaningful contact with the other parent
Whether there has been domestic violence or child abuse

Meeting Arizona’s Requirements For Homeschooling

Per A.R.S. § 15-802, every child between the ages of 6 and 16 in Arizona must receive instruction in reading, grammar, mathematics, social studies, and science. The statute’s definition of “homeschool” is “a nonpublic school conducted primarily by the parent, guardian or other person who has custody of the child or nonpublic instruction provided in the child’s home.” A parent seeking to homeschool their child must file an affidavit of intent with the county school superintendent. A homeschool parent has the option to wait until the child is 8 to start instruction in Arizona. The affidavit is not required under a number of conditions, including:

The child is in a physical or mental condition that makes instruction impracticable
The child has completed the high school course of study necessary to complete 10th grade
The child is at least 14 years old and employed
The child was suspended or expelled from their school

Failure to submit an affidavit of intent is a petty offense. Failure to enroll a child in school or provide homeschooling is a class 3 misdemeanor. Looking for a full-service family law office with experience in criminal defense matters as well? Schedule your free consultation today at 480-470-1504.

Negotiating A Custody Plan Outside Of A Courtroom

There is a long-standing stereotype that all child custody disputes are dramatic battles both in and out of the courtroom. This is true for many parents, which gives the judge ultimate control over how their custody matter is resolved. But when two parents can come to an agreement on their own for a parenting plan and legal custody, it will save them significant financial and emotional stress. It can also help foster a more civil relationship between the parents, which will be beneficial for the child in the long run. Below are some tips for reaching an out-of-court custody agreement with your ex. If you are seeking additional custody information from an Arizona family law lawyer, schedule your consultation for free today at 480-470-1504.

Keep a journal of custody exchanges & disputes: This might not be necessary for every parent with a custody plan. However, many of our clients struggle with their child’s other parent failing to fulfill promises regarding pick-ups and drop-offs under an informal parenting plan. If this continues to be an issue, a record of broken promises creates a solid pattern that can be taken into account when formalizing a custody arrangement.
Stay on topic and do your best to keep calm: Unfortunately, custody battles can become a chance for two parents to be vindictive against each other due to resentment from their prior romantic relationship. Do your best not to bow to pressure and engage in personal attacks, even if your ex isn’t taking the high road.
Prepare for whatever you think your ex will bring up or demand: Your ex might be particularly concerned about your dating life going forward, so you can anticipate a request for a clause requiring several months of dating before introducing the child. Or your ex might feel strongly about homeschooling or private schooling, meaning you should brace yourself for some tense conversations if you disagree.
Establish your priorities: You can be your most confident in a negotiation when you are fully aware of which issues are the most important for you, and where you are willing to compromise. You can’t expect to get your way on every single issue in a custody dispute, but your attorney can help you focus on what will create the best outcome for your family.

Concerned About Schooling Disagreements In An Arizona Child Custody Matter? Contact Our Firm For Your Free Consultation.

With more educational opportunities available thanks to the Internet, homeschooling is more accessible than ever. But you and your child’s other parent may feel very differently about this topic, as well as many others that can become relevant to your case. Our skilled family law team can help you work toward a positive resolution. Our dedicated staff and attorneys are practiced in a variety of family law specialty issues. Learn more about the benefits of hiring My AZ Lawyers for your family law case by calling 480-470-1504. Don’t hesitate to contact us today!

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