Q: 50/50 custody in Florida but my ex wife is moving 45 minutes away. What recourse do I have?
We share custody 50/50 and have a parenting plan. Now my ex is moving 45 minutes away. It will be impossible for me to drive my daughter to her new school and pick her up everyday and go to work on time. In the divorce agreement, her mother's address was agreed to be the one that decided her school. Do I have any recourse?
A: School is covered by shared parental responsibility. Mom cannot change schools without your agreement. You will need to go to court to stop her.
More information is needed in order to properly answer your question. Was there anything in the judgment stating how far the other party could move without court order? You said 45 minutes away, but how far (in miles) is she moving away? If mom's address was the address for school in the agreement, then you agreed to have her address as the school address. If you and mom can't reach an agreement on a mutual school, then you would have to go back to court and ask the court to modify the agreement you entered. And the other issues that need to be looked into about mom's move as mentioned above.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.