Take the child and enroll her in school. You do not indicate if you and the mother were married or not but I am guessing you were not. If that is the case you need to file a Petition to establish Paternity, yes even if you are listed as the child's father on the birth certificate, within that Petition you need to request the implementation of a parenting plan and time sharing plan that reflects the time you have historically had with the child as well as request that the child support be recalculated to reflect that time sharing plan. I suspect that your child support was calculated by DOR without recognition of your time sharing with the child.
Daniel Bachert, Esq.
The Bachert Law Firm, P.A.
330 Clematis Street, Suite 222
West Palm Beach, Florida 33401
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If the child is at your house 95% of the time, then why haven't YOU enrolled her in school?!?
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First, enroll the child in school ASAP because the state of Florida does not allow children to miss more than 10 unexcused absences. It does not matter who has the child at the time of enrollment, but what matters is that your kid starts school today. Also, make sure to set up some type of meeting with the principal of the school and/or the teacher to make sure they are aware of the current situation. I'm sure that your child is already behind in all subjects and she may need assistance in catching up. It seems to me, as i'm a Family attorney that you may want to seek a modification to allow yourself to have equal time sharing with the mother of the child. This will also have the court revise the monthly child support payments, which in turn can allow you to reduce or even annul payments. You can contact my office at 954-785-9280 or send me an email through my website at mydacunhalaw.com. I practice in West Palm Beach, Broward and Miami-Dade county.
One thing no one has mentioned, if a child remains out of school and is not home-schooled within the parameters required by law, eventually the parent who has actual custody of the child will get a visit from the truancy officer and will be hauled into court to explain why his child is not in school. There are legal penalties for not schooling your child in addition to the very obvious, lifelong repercussions for the child of not getting even a basic education. Education should ALWAYS be a priority.
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