My husband and I just found out that his daughter, who was supposedly being homeschooled by their mother for the past few years, was actually never enrolled and has not received any education beyond 5th grade. She is now 14.
I am not sure that this would result in a modification of custody itself, but it could be alleged in a supplemental petition for modification of parental responsibility and time sharing. Also, it could potentially be grounds for a dependency case or at the least a truancy case. I suggest you contact an attorney to advise you depending on your husband's time sharing order.
This is educational neglect and you could report this to your local child protection agency. I have to ask the question, however, as to how your husband did not know that his daughter wasn't getting educated. Before any report is made to child protection, he should consider the repercussions as to his responsibility in this as well. The same is true with taking this to court. Probably the best course of action is to involve the local public school and get her enrolled.
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