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School Choice After Divorce in Florida

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Although controversial, Florida has made changes for families across the state with school choice legislation. Allowing children the choice of school to attend offers them an opportunity to find the educational pathway to future success. This can create friction for children of divorced parents, especially if parents disagree on the best school for their children. Max Factor has decades of experience helping families navigate tough decisions after a divorce has been finalized. And he's here to help yours, now!



How do I alter my time-sharing plan after my divorce is finalized?


Most families, at one point or another, will need to make modifications to their time-sharing plans after their divorce is final. To change your time-sharing plan, you must file a Supplemental Petition to Modify Parental Responsibility, Visitation or Parenting Plan/Time-Sharing Schedule, and Other Relief. This pleading is used when changes arise, and you would like to be formally ordered by the court, such as scheduling changes, parental responsibility updates, etc. This new order is needed to legally enforce agreements with your ex-spouse regarding custody, time-sharing, and decision-making for your children.


What happens if I want my child to change schools?


You must file the Supplemental Petition to Modify custody if you need to change the school listed on your current time-sharing agreement. If both parties agree on this change, it can be as simple as filing the agreement with the courts so that it is the most recent legal record.


What happens if my ex-spouse disagrees with the school I have chosen?


If you have not been able to agree on your own about your children's school choice options, you will need to proceed with litigation. In most cases, the judge will first require both parents to attend family law mediation with their legal counsels to try to agree outside the courtroom. You can learn more about family law mediation here. If you cannot resolve the issue at mediation, it will be set for a hearing. At the hearing, the judge will decide based on the child's best interest.



What is the best outcome for school choice conflicts in divorce?


Most parents can come to an agreement at family law mediation. This is always the best outcome in any time-sharing agreement change. This allows both parents to have their voices heard and to work constructively together for the best interest of their child. However, in cases where parents cannot agree on this decision, it will be left up to a judge to decide. Allowing a judge to determine might seem like a great idea, but often, it can lead to outcomes you did not want or expect. Judges are not looking at your case from their thoughts or feelings. Judges have to make decisions based solely on the law.


School choice in Florida can create unique challenges for parents who are divorced. That's why we're here to help guide you through the process of navigating time-sharing decisions. If you're experiencing a conflict about your children's school choice, we'll work closely with you throughout the entire process so there are no surprises when it comes time for negotiations. Max Factor Law is here to help you reach the best possible outcome for your child. Fill out our help survey to get paired up with the best divorce lawyer in Tallahassee!





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