Posted by Nydia Streets of Streets Law in Florida Child Custody
When parents cannot agree on home schooling, what do they do in Florida? If they have a Florida child custody case that is pending or was once pending, they may be able to have the court resolve the dispute. This was an issue in the case Hassenplug v. Hassenplug, 2D21-2729 (Fla. 2d DCA June 29, 2022).
The parties were before the court in a divorce case. One issue they were unable to agree upon was whether or not their child who was diagnosed with autism should continue to be homeschooled or enrolled in a public school. The mother presented evidence that the child was thriving in a home school setting, and she had experts testify that it would not be in the child’s best interest to disrupt her routine based on her special needs. The father believed it was in the best interest of the child to begin attending school. He testified that the mother did not share information with him about the homeschooling, and therefore if the child was in public school, he would be able to communicate with the school about his daughter. The trial court agreed with the father and ordered that the child attend public school in the school district associated with the father’s residence. The mother appealed.
Using an abuse of discretion standard, the appellate court determined the trial court erred in disregarding the best interest of the child in favor of addressing communication issues between the parents. The court held “The child appears to be flourishing in her current environment. However, the trial court's school designation seems premised on diminishing the parties' discord which, the trial court reasoned, would allow Former Husband to participate more fully in the child's education. We are certain that the trial court sought to tamp down the parties' apparent power struggle. This is a praiseworthy goal. Yet, we search, without success, for how this goal advances this young child's best interests.” The ruling was reversed for the court to review the best interest of the child.
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