In Tampa Child Custody Cases, Who Has The Right To Make School Choices For The Child?
As a parent, you likely have firm ideas on how you want to raise your child. When it comes to their education, Florida has a robust school choice program that provides a variety of options for Hillsborough County families. However, if you are going through a divorce or breakup, who decides where your child goes?
Our experienced Tampa child custody lawyer explains how legal custody applies in this situation and factors that determine who has legal authority to make decisions that impact your child.
Legal Custody and Education Decisions in Tampa Parenting Plans
For single or divorced parents, there are two types of child custody in Tampa. Physical custody determines where the child lives. Legal custody designates legal authority in making important decisions that impact your child, such as their medical care, religious upbringing, and school choice.
Under Section 61.13 of the Florida Statutes, the court’s primary concern is protecting the child’s best interests. Factors that influence who has legal custody and the right to determine where the child goes to school include:
- Each parent’s current and prior role in the child’s life.
- Their proven ability to put the child’s interests ahead of their own.
- Whether they have a parenting plan and share physical custody of the child.
- Whether they are willing to cooperate with the other parent regarding school choice and other important matters.
If you are awarded legal custody, you have sole authority regarding school choice. If you share legal custody and disagreements arise, you may need a Hillsborough family court judge to decide.
Common School Disputes and What Courts Consider in Hillsborough County
Florida was one of the first states to embrace school choice. Today, options provide unique learning environments and schools focusing on science, technology, the arts, or medicine. Tax credits, scholarships, and vouchers help offset the costs.
When disputes arise over school choice in Tampa child custody cases, you may need to return to court. Factors a Hillsborough County Family Court judge is likely to consider in these cases include:
- The length of time the child has attended their current school.
- The child’s academic and social progress.
- The quality and proximity of the proposed school options.
- Whether one option offers more stability or opportunity.
- Each parent’s involvement in their child’s education.
If facing disputes over school choice, avoid making unilateral decisions. Doing so could violate your Tampa child custody order and jeopardize parental rights.
Contact Our Tampa Child Custody Lawyer For Help With Disagreements About Legal Custody and School Choice
Whether you have sole authority in making important decisions that impact your child or share legal custody with the other parent, disputes over school choice are common. To protect your child’s best interests and your rights as a parent, get professional legal help before taking any actions.
At Bubley & Bubley, P.A., we represent parents throughout Hillsborough County in custody disputes involving school choice and other conflicts. Before taking any actions, contact our office. Schedule a consultation today with our experienced Tampa child custody lawyer.
Sources:
flcourts.gov/Resources-Services/Office-of-Family-Courts/Family-Court-in-Florida/Family-Law-Forms/Parenting-Plan-12.995-Forms-A-C
fldoe.org/schools/school-choice/
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.13.html
