Legal Question in Family Law in Florida

Last year I went through custody battle with my ex wife and I was awarded primary custody of our daughter. My ex wife had moved to the Houston, TX area, while I am a resident of Florida. My daughter is to start VPK this upcoming August and as I said, the Judge granted me the custody to have her go to school here rather than with her mother in Texas.

My ex wife has asked me to allow our daughter to attend preschool in Texas, and then subsequent school years, my daughter would remain here in Florida. The problem is that my ex wife has shown me that her word is not worthy of my trust any longer, and I feel that if I allow my daughter to attend preschool in Texas, that my ex wife will try to re-open our case for custody and have my daughter out there all the time.

I am torn with this decision mainly because I think that her being with her mother for the next year would be nice for her, and would allow me to finish my last year of college, but I'm also afraid that I might lose her. Any advice would be appreciated.


Asked on 6/25/12, 2:21 pm

1 Answer from Attorneys
Barry Kaufman The Law Office of Barry W. Kaufman

The final judgment grants you the status of primary residential parent. What that means, in plainer language, is that the Court expects you to have your daughter live with you. It sounds to me as though this custody battle was an actual court trial (rather than a result reached by agreement). If that's true, the Court found as a matter of law and fact that it is in the best interests of your child that she live with you. To send her to live with your ex for a year would violate the Court's order and presumably not be in your child's best interests. Plus, it would give your wife an opening to try to modify the final judgment and get her declared the primary residential parent, as you pointed out. Additionally, it creates issues with child support and time sharing. If I was your lawyer, I'd advise against you letting your daughter go to live with your wife for a year.

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Answered on 6/25/12, 3:21 pm


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