Parker, CO asked in Child Custody, Education Law and Family Law for Colorado

Q: Facing motion for sole decision-making; disagree with homeschooling

I am facing a motion by my coparent in Arapahoe County, CO to change parental decision-making, granting her sole authority over our son's education and medical/psychological issues. We currently have a parenting plan that lists us as equal decision-makers. She wants to homeschool our son, which I disagree with as I believe it will further isolate him from social-emotional learning (SEL) supports available in a traditional school environment. Our son is neurodivergent and has both an Individualized Education Plan (IEP) and an Advanced Learning Plan (ALP). I feel my coparent is pathologizing our son due to his neurodivergence, and at my home, we have access to excellent public school options through the Littleton Public Schools (LPS). I plan to object to the motion but currently do not have legal representation. How can I effectively present my case to maintain joint decision-making authority?

1 Lawyer Answer
James L. Arrasmith
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Answered

A: You're in a very important position right now, and your voice matters deeply when it comes to your son's future. The fact that your parenting plan already grants equal decision-making power gives you a strong starting point. To defend against this motion, focus your response on what’s in your son’s best interests—his access to services, academic needs, and emotional development—not just your disagreement with homeschooling. Judges in Colorado will consider these factors carefully.

Make sure to document how your son's current support systems through his IEP and ALP are working well, and explain how removing him from that environment could interrupt his progress. Provide examples of how your local public school—especially within Littleton Public Schools—offers resources that align with both his neurodivergence and advanced learning. Be clear about your concern that homeschooling could reduce his access to these supports and increase social isolation, especially in the absence of structured SEL programs. Keep your language respectful and focused on collaboration, not blame.

File a written objection with the court before the deadline, and ask for a hearing if one hasn’t already been scheduled. Bring copies of your son’s educational plans, any communication with the school, and statements from educators or providers who support continued public education. Even without an attorney, you can present yourself as a thoughtful, informed, and involved parent who wants the best for your child. Stay calm, stick to the facts, and let the judge see your commitment to your son’s growth and well-being.

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