Q: How do I deal with school disagreements with shared custody?
My ex and I share custody of our 13 year old daughter. In the parenting plan it states that my address is the designation for school and I just moved out of the school district my daughter goes to meaning she now needs to move schools (from Lee County to Charlotte County.) Her father is upset that I also got a teaching job at the school that she would go to and doesn't feel that she should go to school there. The parenting plan also states that we both have 50 miles to move with out asking permission, and I moved a total of 20 miles from my previous home. The school is 13 miles away from my old home. He is saying that he doesn't want her to go there, where as my daughter has expressed how much she does want to go there. My question is can he take legal action against me for putting her in the new school in the new zone that I live in and work at?
A: Changing schools is governed by shared parental responsibility. So yes, you have violated that and he can take you to court. Changing schools is different than relocating within the 50 mile radius. If you cannot reach an agreement then you will need to go to court on this issue.
A: I have a slightly different opinion than my colleague. If the school is governed by your address per the FJ/Parenting Plan, and you have relocated within the statutorily approved mileage which does not require court authority to move within fifty miles from the location you lived in at the time of the order, then it would be my opinion that the school continues to be based upon your address. However, I do think that the other side could still take action in court in regard to the issue. Best of luck to you.
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