Legal Question in Family Law in Florida
My ex (we were never married) is trying to withdraw our son from the school zoned for my address. I am under the assumption that I am correct in having him enrolled in Orange County, using my address for school.
The Standing Administrative Order states on the first page "Neither party shall change their residence beyond a fifty mile radius from the current residence, nor shall either party change a child's customary school district or day care arrangement without written agreement of both parties or an order of the court"
But on the last page of the Standing Administrative Order it states "This Order shall remain in full force and effect until the entry of a final judgment, a dismissal of this cause, or until the entry of a subsequent temporary order, whichever shall occur first."
We have an Order Adopting and Approving Mediated Partial Time Sharing/Parenting Plan signed by a Judge. The Approved plan under school designation states "to be determined at a later date"
Given the fact that the Order Adopting and Approving Mediated Partial Time Sharing/Parenting Plan is considered a Subsequent Temporary Order, that would mean that the Standing Administrative Order is no longer Valid.
Because there is no school designation in the Approved plan, it would default to the Primary Residential Parent, which is myself.
I have been the parent whom has enrolled the child into the VPK program, as well as Kindergarten. I am also the parent receiving Child Support. So by that standard I am the Custodial/Primary Parent and school designation shall be determined by my home address.
Please let me know if I am correct in this thinking. My ex's lawyer is yanking the child back and forth between the schools like a yo-yo.
I have filed the Emergency Motion for school designation, but it was deemed not an emergency, so I am waiting for a hearing with the General Magistrate.
Unfortunately, my ex is trying to withdraw the child from the school that he is currently attending.
Any insight on this situation would be helpful, as I have run out of options
2 Answers from Attorneys
The Administrative Order was not countermanded by the Temporary Order, so the Administrative Order as it relates to the child's school is still in force (that would be my argument to the judge). Moreover, and I think you've analyzed it correctly, the Temporary Order did not do anything but postpone a decision, so the default position is the place where the child now attends school. This is not an emergency. Emergencies are for situations in which you'd call 911 (for example, and its just an example: if your ex's new BF had punched your son in a fit of anger one night, you could move for an emergency motion to restrict her visitation or for an injunction to keep the BF away from your son. Hit someone, call 911/emergency motion. Otherwise, no emergency). Good luck.
Not sure why your parenting plan ignored this issue. You are not necessarily correct. You will have to have a judge decide.
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