Legal Question in Family Law in Florida

I have joint custody of my 8 year old disabled child. I am the custodial parent. I want to place the child in a skilled nursing facility. Can her father prevent this as her non-custodial parent?


Asked on 3/08/12, 7:29 am

2 Answers from Attorneys

Lucreita Becude Lucreita D. Becude, P.A.

You really need to address this issue with an attorney. There are too many questions for this forum. First, how disabled is this child? Secondly, as a non-custodial parent - this would be cosidered a major decisions that should be agreed by both parties. However, if the disability is severe, you can get a court order to allow this but there will be necessary documentation for this.

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Answered on 3/08/12, 7:41 am
Brent Rose The Orsini & Rose Law Firm

Yes, both parties must agree to a decision like this one jointly. If the nursing facility is medically necessary, however, and neither parent can raise the child, a judge would likely order it if the parents disagreed. Realize, though, that the minute a parent says, "I'm putting our child in a facility," the other parent will probably say, "No, I'll take our child," and a judge will probably agree. If the second parent refuses to take the child, a judge will probably say, "Fine, the child needs to be in a facility."

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Answered on 3/14/12, 3:03 pm


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