Accordingly, we reverse the injunctive portion of the lower courts' judgments. In other words, the raiding party is free to strike again. Ms. Rust received sole legal custody of the parties' children. Nothing in the marital dissolution agreement or the divorce decree reserved Mr. Rust the right to veto, or even be involved in, Ms. Rust's decisions involving their children's education. Thus, Mr. Rust, as the moving party, had the burden of presenting sufficient proof to warrant the trial court's intervention into Ms. Rust's prerogatives as the custodial parent.
Home schooling is a permissible educational alternative in Tennessee.
Tenn. Code Ann. Home schooling is not inherently inimical to a child's health or welfare and does not necessarily impose a substantial social burden on a child. Accordingly, Mr. Rust cannot prevail solely because Ms. Rust is considering home schooling as an educational alternative for their children. Note that the plaintiff in both cases hired mercenaries. Now let's consider another scenario.