Legal Question in Family Law in Florida

I have joint custody of my children in the state of Florida. Does my ex-wife's new boyfriend have any rights to consult with my children's teachers with regard to progress, classroom issues, etc.?

Asked on 9/20/11, 10:24 am

2 Answers from Attorneys

Thank you for your question. Based on the facts that you presented, it appears that you and your ex-wife have what is called, joint legal responsibility/custody. Generally, there are two types of custody terms in Florida. Residential Custody--which determines with which parent the children will primarily reside with--and Legal Custody--which indicates that both parents will have a say in the health, safety and welfare of a child.

For example, if we assume that your ex-wife has Residential Custody, she still has to consult with you as to how the children are raised and she could not unilaterally take the children to South America and join a cult. This is only an example of Joint Legal Custody/Responsibility.

As far as your question, generally a boyfriend who has not legally adopted children cannot make decisions for the children and is not entitled to involvement in their education.

If you have an Order from a court, I would draft a letter to the school, attaching the Order and inform them that you do not wish that the boyfriend to be involved with their education -- if this is what you want.

Take care and good luck. And remember, generally, unrelated third parties cannot make decisions for your children.

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Answered on 9/20/11, 11:08 am
Lucreita Becude Lucreita D. Becude, P.A.

YOu fail to mention your involvement with their school. Are you located close enough to handle this or is the boyfriend the main person in their lives at this time. What are the children's ages.

I am not saying I agree with the situation, but if you are not stepping up to the plate then don't break it just because he is.

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Answered on 9/21/11, 9:15 am

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