Legal Question in Family Law in Florida

My ex-wife is trying to take our daughter to a different daycare. We divorced in Florida and reside there. Everything was settled in mediation and the agreement states that we must both agree on the child care provider. I explained this to her and her response was that she is going to take her to the day care that she wants when she has her. My daughter has attended this daycare for the last two or three years and is the daycare she was at when the divorce was final. The reason she wants to switch daycares is because she moved in with her boyfriend that also has a child and she wants to take her his daughters daycare out of pure convienience for them. Also we have 50/50 custudy and switch every other week. Our agreement also has us splitting the cost of the daycare 54/46. 54% being my obligation. Will she be in violation of the aggreement if she does this? And will she still be forced to pay her obligation to the original daycare?


Asked on 6/04/13, 6:09 am

3 Answers from Attorneys
Brent Rose The Orsini & Rose Law Firm

As a general rule, no, your ex can't simply switch daycares without your permission. The two of you are supposed to decide together which daycare your daughter will attend. But does it matter to you? Will it increase the cost you pay for daycare? Will it be further for you to travel to pick up your daughter? Does the "new" daycare have a worse safety record or is it in a bad neighborhood? If any of these things are true, a judge will almost certainly block her attempt to change daycares. The judge will probably not allow two daycares, one for you and one for her.

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Answered on 6/04/13, 6:16 am
Natalie Hall The Law Office of Natalie D. Hall, P.A.

If the Mediated Agreement requires joint approval on child care provider then she cannot unilaterally decide and you can file a Motion to enforce this requirement. Make sure you can explain the ramifications of this. Is it a longer travel for you thereby making time sharing more difficult? Is it more expensive? Start by expressing your disapproval to her in writing which can possibly support your case if she insists in making this change.

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Answered on 6/04/13, 6:29 am
John Smitten Carey and Leisure

If the order says you have to unanimously agree then if she takes the child to a provider you do not agree with then she is in violation of the order.

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Answered on 6/04/13, 10:56 am


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