Asked in Child Custody, Education Law and Family Law for Florida

Q: Can I hold my child back in school if non custodial parent refuses?

I have custody of my daughter. She sees her mom every other weekend, but her mother lives 3 hours away. Mom has nothing to do with school. I invite her to plays, conferences, open houses, but she never shows up for anything. She’s never helped with a stitch of homework, doesn’t buy school supplies, has no hand in her education because she chooses not to. Our daughter has always struggled in school, and she has maintained a C average since KG despite tutoring and extra help. She started 3rd grade this year and is BOMBING. She has straight F’s, doesn’t understand the work, and is not where she should be academically. I want to hold her back or have her moved back to 2nd grade, but mom down right refuses to allow me to do this. She doesn’t see or have to deal with the school struggle. She doesn’t see how difficult and stressful it is for our daughter. As the custodial parent, Can I hold her back if myself and the school agree it would be in her best interest w/o mom’s consent? Thank you.

1 Lawyer Answer
Bruce Alexander Minnick
Bruce Alexander Minnick
Answered
  • Tallahassee, FL
  • Licensed in Florida

A: Since you have custody this is an issue between you and the school board.

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