Orange City, FL asked in Child Custody for Florida

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?

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2 Lawyer Answers
Rand Scott Lieber
Rand Scott Lieber pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Divorce Lawyer
  • Hollywood, FL
  • Licensed in Florida

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.

Shiobhan Olivero
Shiobhan Olivero
Answered
  • Divorce Lawyer
  • Brandon, FL
  • Licensed in Florida

A: 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.

Good luck.

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