As the home school community in Texas begins a new school year and families are focused on new curricula, field trips, and other activities related to teaching their children at home, some families are concentrating on more dire issues.
Yesterday, for the second time in the last two months, I spent the day in a courthouse waiting to give testimony in a court proceeding in which an ex-husband was taking issue with the fact that his former spouse homeschooled their child. A Ft. Worth judge heard the request of this man to take the child from her mother and place her with him strictly on the basis that she was homeschooling the child and he did not believe the mother was capable to do so, in spite of her college degree or that it was in the best interest of the child.
While to home schoolers this seems ridiculous, it is unfortunately becoming more and more common as the right to homeschool is being challenged in family law court cases. I sat with other witnesses most of the day in the halls of the courthouse, waiting to be called to give testimony in the case. Late in the afternoon, I was called as an expert witness to clarify for the court what home schooling is and what the laws of the state of Texas require of home schooling parents. “How does one get curriculum? When does home schooling begin? How does a parent know how a child is doing academically? How does a home school student ‘graduate’?” I spent about thirty minutes answering questions from the judge and both attorneys.
Thankfully, the judge ruled against the father’s request to take the child from her mother and granted the mother’s right to continue to homeschool, although he acknowledged that the father could challenge this again in the future.
I suggested to this mother that she should communicate with the father regarding curriculum choices and extracurricular activities on a regular basis and that it would be wise to have her daughter assessed annually with a nationally normed standardized achievement test like the California Achievement Test, the Iowa Test of Basic Skills or the Stanford Achievement Test administered by a third party to enable her to demonstrate to a court, if she is required to do so, that her daughter is making academic progress.
My article, Home Schooling and Child Custody, goes into much more detail on this subject, but suffice it to say that parents who are divorced and home schooling should be prepared for this horrible challenge should it come. There is nothing more terrifying to a mother than to be faced with the possibility of losing her child simply because she is doing what she believes is best for that child…in this case home schooling.
In the Moody case Heather Moody lost her children in a temporary hearing to her ex-husband. The focus of the hearing seemed to be only on her home schooling. She and her ex-husband went through a mediation process last week, and while Heather was willing to give way on property and almost everything else, she wanted to have the children when he travels, which is two to three weeks of every month. He flatly refused, clearly stating that he wanted his parents to have them. This, of course, is consistent with the request of the paternal grandparents to be joint managing conservators and the former husband’s threats to take the children since his parents “own the courthouse.”
Similar to the Loose case last year, the only option for this wonderful, godly parent to regain her children appears to be a jury trial that is currently scheduled for September 12 in Cameron, Texas. Since so much of the testimony given during the temporary hearing by the father’s witnesses seemed to be focused on home schooling, it is safe to assume that it will also be the center of attention in the trial in September.
Please join us in praising God for the good decision in Ft. Worth yesterday in keeping the home school mom and her child together and in praying for Heather Moody and her children as we continue to raise financial support for her trial and work with her to battle against those who would use home schooling as a reason to remove children from fit parents.
Of course, all of this also highlights why it is so important that the home school community become more involved in the education of judges and judicial candidates regarding home schooling and parental rights. THSC PAC is the only statewide political action committee that endorses judicial candidates on the local level, and these cases shows why that is so important. In another case in which I gave testimony earlier this summer, the judge ruled that the mother must put her six-year-old child into the public school.
Many judges are totally unaware of home schooling and parental rights and not as open-minded as the Fort Worth judge yesterday. THSC PAC plans to be very involved in the general election this fall to elect as many judges as possible who have a clear understanding of home schooling and parental rights. You can help us.
About Tim Lambert
Clarification needed.
The Ft Worth case is not the Moody case. Just one that is similar with a college educated mother, a homeschooled daughter, and a father fighting for custody based on homeschooling. Or it is the Moody case and it will continue in Cameron on Sept. 12.
They are two separate though similar cases. Follow the links to see detail.
WouLd it be good for us (fellow homeschoolers in the DFW area) to write a thank you letter to that judge in ft. Worth and the attorneys for listening to you and responding favorably with regards to parental rights to homeschool? If so, what do you suggest we say and to whom should we address and send the letter to??
I don’t think it would be a good idea to write a thank you letter. Judges are not legislators and are not supposed to be swayed by opinions. The judge did his job, listened to both sides and asked questions and made an appropriate ruling.
So often non-homeschoolers judge home education out of ignorance. They don’t understand that homeschooling allows children to learn in a tutorial atmosphere with personalized attention to each child’s needs. And the statistics speak for themselves–homeschooled children are excelling in college and other endeavors.
Is there a way that we–the homeschooling community–can educate judges in our areas on the advantages of home education? Obviously THSC is doing a great job for these families, but overall there seems to be a disconnect between the success of homeschooling and the general public. Not only do people not understand homeschooling’s potential, but they defend the public school system, which, by its own admission, is struggling. The fact that a parent or judge could suggest that a child would excel in a 20-to-1, student/teacher environment versus a one-on-one tutorial environment is mind blowing.
Thank you for all you are doing. Our family joined THSC this year, and we are so glad we did.
As a divorced father home-schooling my girl/boy twins of 14, I can assure you that it is not only a devastating thought for a mother to have children taken away through the courts for home-schooling, but also for any father. Initially, my ex-wife was against home-schooling as well as her side of the family. Had their financial resources been more and mine less, I’m sure that is a battle they would have pursued. While mothers are–by far–(and sadly enough) the principal drivers of home-schooling, for the few proud fathers who have chosen the road less travelled, we share in the same potential attacks along that road. So the potential legal attacks are not gender-discrimanate.
My daughter is also getting ready to go to court in Grayson County with an ex husband who is trying to gain custody over their 10 year old daughter because he doesn’t want her homeschooled. She managed to get a lawyer, but he doesn’t seem to be familiar with homeschool laws. Everyone please pray. If there are any homeschool friendly attorneys out there who are willing to come to Grayson County let us know. The more battles we win here in Texas the stronger voice we will have for future cases.
Have her attorney contact me and we can give him the advantage of our experience in these kinds of cases.
Thanks, Tim., for standing in the gap for these home-school families. Would it be helpful for you to do a detailed affidavit to make available to home-school attorneys, parents, etc? Or perhaps you already have materials. I have a friend whose husband is divorcing her and is threatening her about home schooling. It’s very sad. I directed her to your article.
By the way, my 4 year-old granddaughter just started home-school kindergarten. She’s been “home schooled” all along — she already knew how to read, write, spell a little, and count. She is whizzing through the curriculum. My two grandsons in VA are home schooled. Of course, I’m very proud of all of them.
Thanks, Anne. We refer people to the article on our website and encourage them to have their attorney contact us. Very often the attorney does not contact us with disappointing results. I’ll consult with our attorneys on the idea of an affidavit. Thanks for the suggestion and kind words.