Legal Question in Family Law in Florida

CHild custody after a final divorce decree

My divorce took place in Brevard County, my ex husband has custody of my 11 year old daughter, but we share parental responsibility for her. Can my ex take her and leave the county (to live). Also, since she will be 12 in October of this year, can she say that she doesn't want to change schools. ( At her age, does her opionion have any merit?


Asked on 7/07/02, 10:06 am

1 Answer from Attorneys
Scott R. Jay Law Offices of Scott R. Jay

Re: CHild custody after a final divorce decree

Whether or not your spouse can move with your child from the county is dependent upon the divorce decree. It should have been covered in the Final Judgment and varies in each case.

As the custodial parent, your spouse does have every right to have the child transferred to a school nearby his residence. Frankly, it would be unreasonable for a parent to have to drive many miles for a child to attend school in an area in which she does not live. At the age of 11 (which she currently is), she is too young to truly have a definitive say in this kind of matter. Further, she needs to develop friends in the area in which she lives for after school activities in order to have a happy childhood.

Scott R. Jay, Esq., 305-249-8000

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Answered on 7/07/02, 10:58 am


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