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Who gets final decision in shared parental responsibility?

Clearwater, FL |

Primary residency parent wants to send child to private school. Not asking non-custodial parent to pay. School is college-prep and works better for primary res. parent's work schedual. But, non-cus. parent doesn't agree.

Attorney Answers 2

  1. Consult with your attorney. If you cannot, then I recommend the Law Office of Julie Plummer at (727) 327-3020. They should be able to answer your family law questions.

    Good luck

    Dennis Phillips, Esq.
    Florida personal injury law

  2. The question raises a few complex issues.
    What is the basis for the non custodial parents objection?
    Typically the Primary parent's address in a public school setting would dictate where the child attended school. With advent of "school choice" and "charter schools" this issue became alot more frustrating for parents.
    I believe your duty is to consult and advise the non custodial parent. I think typically the parent with primary residential responsibility makes the ultimate choice but its not as simple as you might think.
    You'll have 2 choices as I see it:
    1. Enroll the child in private school ove the objection of the noncustodial parent and let him/her file a motion with the court objecting to the enrollment if they wish to;
    2. You file with the court for a ruling on whether you may enroll the child in private school.
    I hope that answer was helpful and good luck.
    Let me know if I can be of service.
    John Simms