Orlando, FL asked in Family Law and Education Law for Florida

Q: Minor party is currently enrolled in Online school, mom refuses to go to in-person school. What can be done?

Minor party is currently enrolled in Online school. Has been since COVID put all kids out in March/April 2020. He is now almost done with his 6th grade year and is struggling. He has not retained any information. Constantly behind on assignments. Mom does not stay on top of him in regard to his work. His state tests showed that he was failing, but his class scores are As and Bs because he is just looking up the answers. Mom also does not give him the allotted time he needs to complete his work. Reports that he has to do chores and help her throughout the day. I would prefer him in in person school, but mom refuses and she has ultimate decision making over education related purposes. Do we have a case to take this back and change the agreement to him needing to be in school. Anytime I try to discuss my concerns with her she tells me to "know my place" and that our son is "hers".

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

A: You do not mention the legal status between you and mom. Are you married? Divorced? Never married? Step one is to look at the court order, if one exists, regarding responsibility for the child. School is an issue covered by "shared parental responsibility." If the parents cannot agree then they must return to court to resolve the issue. You have presented many valid arguments for in person school which may ultimately be presented to the judge. Speak with a local family lawyer for more specific advice.

Terrence H Thorgaard agrees with this answer

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