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Can I Relocate My Children To A Better School District Without Their Fathers Permission In Florida?

After a divorce, this is something I’ve had to help clients with over the years.

There are a couple of issues at play here - whether or not you can move the children without his permission, and whether or not you can choose which school the children attend without his permission.

First, on the issue of moving, in Florida if a custodial parent wants to move with the children more than 50 miles away, for any period of longer than 60 days, he or she must notify the other parent of the move. If the noncustodial parent does not agree to the move, the judge will hold a hearing to decide whether or not to allow the move.

However, in this situation it sounds like you are probably just moving a few miles away to a better school district and are not relocating more than 50 miles away with the children.

In that case you would not need permission for the move. You may need permission from the other parent, though, to change your children’s school district.

In most cases, educational decisions for children are to be mutually agreed upon if the parents share joint legal custody. If one parent has sole legal custody, he or she can make decisions about issues related to school and education without consulting with the other parent.

If you must mutually agree on educational decisions, try to come to an agreement with your former spouse about education. If you cannot agree, mediation may be an option. If mediation will not work, you may need to go back to court.

At the court hearing, the court will consider what would be in the best interest of the children - not the best interest of you or your former spouse.

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