Alachua, FL asked in Child Custody, Child Support, Divorce and Family Law for Florida

Q: Child offered seat at STEM magnet program, ex-wife refuses to allow child opportunity. What can father do to get custody

STEM program is only 1 hour away from the mothers house. Fathers house is 36 mintues away and is able to take and pick up child from school if he had majority custody. The mother has no job, and is fully capable of taking and pikcing up child from the STEM program, but refuses to for unknown reasons to father. This is clearly not in the best interest of the child, and father believes he should be able to allow the child the opportunity since mother will not. What can possibly be done? Where should one start? Would the court even care? Is this not in the best interest of the child?

2 Lawyer Answers
Astrid M. Bismarck
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  • Divorce Lawyer
  • coral gables, FL

A: This is a co-parenting issue and if you have shared parental responsibility then you may consider filing an urgent motion to get this matter heard by the judge before school starts in August. These are never easy cases and you should consult with an attorney in your community further about your options.

V Julia Luyster agrees with this answer

V Julia Luyster
V Julia Luyster
  • Divorce Lawyer
  • Hamburg, NY
  • Licensed in Florida

A: You would not need to have majority custody. You would only need to have final decision-making over educational decisions. You could file a motion in the same court where the initial parenting plan or schedule was entered and ask to have it modified or ask to have the court determine if the STEM program is in the best interest of your child. You would want to read whatever Parenting Plan you have to see if there is any language in there you can use before filing anything. You may just want to tell Mom you will do all of the driving or try to come to an agreement with her first. Of course it is best to consult with an attorney on this issue.

1 user found this answer helpful

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