You will need to file a Petition to Relocate if you are planning to move more than 50 miles away. If you move without your ex's permission or the court's permission you will be in violation of Florida Statutes. This sounds like a valid reason that a Judge will likely grant, but you will still have to follow the proper procedures.
F.S. 61.13001 provides for a situation like this. This statute is for a parent wishing to relocate more that 50 miles from the current residence.
Since your ex will not agree to split the cost of the school, you should file a Petition to Relocate.
Considering the reason for the relocation, a better school for your disabled child, I don't see why the Judge would deny your petition. You may have to split the driving to provide your ex with the current time schedule in existence.
You should ask your attorney to file a motion for the school tuition costs, since the court can authorize that.
If you move to Tampa, you may be requested to drive your children down to Naples every other weekend and whatever other time-sharing is arranged. That can end up very time-consuming and expensive.
If your Ex can afford the school, and it is to the benefit of the child, the court would probably rule in your favor, based on the "Best Interests of the Child" doctrine.
Call 239-272-9327 to make an appointment for a free consultation. Mr. Batista is a member of the Florida Bar since 1988. Attorney Batista provides answers to these legal questions for educational and informational purposes only, and not as a substitute for an in-person meeting with an attorney. No attorney-client relationship is created by this generic legal answer. If you would like to consult with an attorney, please feel free to call or email me to set up an appointment, or contact any of the attorneys in your area.
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