Whether the birth of a child results from within or outside of a marriage, Florida law requires that the child's best interest be protected. This policy applies to awarding time-sharing or child custody and to determining parental responsibility.
As such, if you are a caregiver or parent of a child, you should obtain a Court Order to clearly establish visitation, parental rights and child support. This will allow you to enforce your rights and to protect your child should a dispute arise. If you do not have an order, or need a modification, do not delay. Contact an attorney immediately to ensure your rights and your child's well-being are protected.
As if co-parenting with your ex wasn't difficult enough, here comes 2020, COVID-19 and virtual learning with the kids. Our courts see the problem firsthand with the recent flood of motions they have received regarding where children should go to school, how children should go to school and who should the children stay with while e-learning from home. If this is a battle you are having with your child’s other parent, there are steps you need to consider before bringing the fight to the courthouse.
First, courts consider various factors when evaluating if a child should be educated in public or at home. If the child is to be educated at home, the court may also evaluate which home the child shall complete his/her e-learning. These factors include, but are not limited to:
· What did the parents do in the past as it relates to the child’s education?
· If the child is e-learning from home, which parent is the best equipped to help the child. For example, does the parent have any educational training? Does the parent work in or outside of the home? Or, does the parent have a flexible schedule to be able to assist the child in his/her schooling?
· What is the age of the child and how much assistance does he/she need?
· Does the child have special needs? Is there an IEP?
· Does the parent have adequate resources to provide food for the child for breakfast, lunch and dinner?
· Are there any safety issues with the parent? Is there a pending DCF case or concerns with abuse?
· Can the parent provide an adequate workspace for the child with school supplies, a computer and reliable internet?
· Can the parent provide financially for tutoring, if necessary?
· Are there health concerns for the child, the parent, or residents of the household?
In preparing your case, you need to consider how your facts fit into these factors? And then ask yourself, what educational option is in the child’s best interest.
If you find yourself in this situation, please contact an attorney as soon as possible. At the Law Office of Peggy Urbaneja, we offer free 30-minute consultations. During the consultation, we will evaluate your facts as the law applies differently to each unique set of facts. Contact the Law Office of Peggy Urbaneja for your FREE consultation to learn more about your rights.
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