Legal Question in Family Law in Florida

My daughter has joint custody of her daughter and she is a teacher. She wants to put her in the same school she will be teaching at because it's a better school and she will be able to look after her. However the father does not want her to go to that school. Is there anything he can do legally to stop her from putting her in that school? It is not a private school, it is public. So there's not an issue with cost. Thanks in advance.


Asked on 8/05/15, 10:56 am

4 Answers from Attorneys

John Smitten Carey and Leisure

You have to file a motion and have the judge decide.

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Answered on 8/05/15, 11:41 am
Robert McCall Law Office of Robert McCall

Review the court's Order/Final Judgment. It normally defines how the school will be chosen. If it does not then someone must file a Motion and ask the Judge to decide.

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Answered on 8/05/15, 12:03 pm
Thomas Rosenblum Rosenblum Law Offices

Before I can give a specific answer, I would need more info, such as, is this a divorce, paternity or they have never been to court (thus, no final judgment). You say they have joint custody, but doesn't specify if by court order.

If there is a court order, they should have shared parental responsibility, which means equal decision making on these types of issues. Your daughter can enroll the child in the school of her choice and base her decision on fact: it is in the best interests of the child. Can father stop her? He would have to file a motion with Court...the two would either be sent to mediation to try to resolve issue or have a hrg. in front of judge or both.

Hope this helps.

Tom Rosenblum

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Answered on 8/05/15, 12:24 pm
Lucreita Becude Lucreita D. Becude, P.A.

Mr. Rosenblum is correct. If you have joint custody, then the decisions are suppose to be joint as well. If you can not come to a reasonable decision, then enroll the child in the school of your choice and have bio dad file a Motion to have the child placed elsewhere. I doubt that he would have a good reason and am inclined to believe the judge will deny it as baseless.

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Answered on 8/05/15, 2:05 pm


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