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NeoCity Academy & Your Parenting Plan | Hungate Law

Most parents in Kissimmee don’t realize this until it’s too late. Florida law treats school enrollment as a major decision. That means both parents usually need to agree on it.

Under Florida Statute 61.13, shared parental responsibility is the default. Courts expect both parents to share in big choices about their child’s life. School selection is one of those choices. So if your child attends NeoCity Academy, both parents likely had to be on board with that call.

Here’s where it gets real. Say one parent signed the child up at NeoCity Academy near the St. Cloud border without telling the other parent. That’s a problem. The other parent could file a motion with the court. A judge might order the child moved to a different school, or the enrolling parent could face real consequences for acting alone.

What Counts as a “Major Decision”

Florida courts treat school enrollment decisions the same way they treat medical care or religious upbringing. A Divorce Attorney St. Cloud families trust will tell you these aren’t everyday parenting calls like what to have for dinner — they’re decisions that shape a child’s future. NeoCity Academy is a STEM-focused magnet school, which means choosing it over a traditional neighborhood school is clearly a significant educational decision, and one that courts take seriously in any custody dispute.

Both parents get a say unless the parenting plan says otherwise.

Some parenting plans give one parent “ultimate decision-making authority” over education. But that’s not the default. You’d need specific language in your plan granting that power, and we see a lot of plans that simply don’t have it.

Things that fall under shared responsibility for school decisions include:

  • Choosing between public, charter, magnet, or private schools
  • Applying to specialized programs like NeoCity Academy’s STEM curriculum
  • Deciding to withdraw or transfer a child mid-year
  • Agreeing on special education services or IEP plans

We see families in Kissimmee run into this often with charter and magnet schools. The enrollment process requires active steps like applications and lottery entries. One parent can’t just handle all of that solo.

What Happens When Parents Disagree

Disagreements happen. One parent might love NeoCity Academy’s focus on technology. The other might want the child at a neighborhood school closer to their home in Poinciana or BVL. Neither parent is wrong for having a preference.

But you can’t just stall out.

If you and your co-parent can’t agree, a few things might happen. The court could order mediation first. Most Osceola County judges prefer that route. If mediation fails, a judge decides. They’ll look at what serves the child’s interests.

And here’s something people miss. The judge doesn’t just pick whichever school sounds better on paper. They look at the child’s current adjustment, the distance from each parent’s home, transportation logistics, and the child’s own wishes if they’re old enough to express them.

A parent who already registered the child at NeoCity Academy without agreement might actually get to keep the child there, if the child is settled and doing well. Courts don’t love disrupting a child’s routine. But that parent still acted outside the parenting plan, and the judge won’t ignore that.

If your parenting plan doesn’t clearly address school choice, now is the time to fix it. Clear language in your plan prevents these fights before they start. You want a plan that spells out how school decisions get made, who handles enrollment paperwork, and what happens if you disagree.

This is exactly the kind of issue a family law attorney in Kissimmee can help you sort out before it turns into a courtroom battle.

NeoCity Academy’s Charter Status Makes Enrollment an Active Legal Choice  

Here’s something most parents don’t realize. NeoCity Academy isn’t a traditional public school. It’s a charter school. That one word changes how a Florida family court looks at your child’s enrollment.

A regular public school is based on your address. You live in a zone, your child goes to that school. Simple. But a charter school like NeoCity Academy requires a parent to actively apply and enroll their child. That makes it a choice, not a default.

And in a parenting plan, choices about your child’s education need agreement from both parents.

Why Charter Enrollment Counts as a Major Decision

Florida law separates parenting responsibilities into two categories. There’s day-to-day stuff like bedtime and homework. Then there are “major decisions” about education, healthcare, and religion. Under Florida Statute 61.13, both parents typically share responsibility for those big decisions unless a court orders otherwise.

Placing your child at NeoCity Academy falls into the major decision category. It’s not the same as your child showing up at the neighborhood school because of your zip code. You chose this school. You filled out an application. You went through a lottery or waitlist process. That active step is exactly what makes it legally different.

We see this come up a lot in Kissimmee (and it comes up more often than people expect, given how many families in this area are drawn to charter options). One parent wants the child to stay at NeoCity Academy. The other wants a transfer to a school closer to their home, maybe near downtown Kissimmee or over by Poinciana. Both parents feel strongly. Neither wants to budge.

Without clear language in your parenting plan, this disagreement can end up in front of a judge.

What Happens When Parents Disagree About NeoCity

Consider this scenario. Mom chose NeoCity Academy for the child during the marriage. After separation, Dad moves to a different part of Osceola County. He argues the commute is too long on his parenting time. Mom says the STEM curriculum is worth the drive.

If the parenting plan doesn’t name the school or address how school choice works, either parent could file a motion. The court then decides based on the child’s interests. That’s expensive, that’s stressful, and the outcome is uncertain.

But it’s avoidable.

A well-drafted parenting plan can name NeoCity Academy specifically. It can spell out who handles enrollment decisions. It can even include a process for what happens if one parent wants to change schools later. These details keep you out of a courtroom fight down the road.

The Commute Factor Matters More Than You Think

NeoCity Academy sits in the NeoCity development near St. Cloud. If both parents live close by, school logistics are straightforward. But if one parent lives across Kissimmee or in an area like BVL or Campbell City, the daily drive becomes a real issue during that parent’s time with the child.

Courts look at practical things like transportation time. A 40-minute drive each way on school mornings can affect a timesharing schedule. Judges notice when a school choice creates a burden for one parent, and they weigh that against the educational benefits.

We always tell parents to think about logistics before the plan is finalized. Where will the child leave from on school mornings? Who handles pickup? What about after-school programs? These aren’t small details. They shape your entire weekly routine.

If your child currently attends NeoCity Academy and you’re working through a parenting plan, getting the school language right now prevents confusion later. Our parenting plan page covers how we help Kissimmee families build plans that address exactly these situations.

Florida’s 2023 Equal Parenting Time Law Changes the Stakes for School Decisions   

Here’s what most parents in Kissimmee don’t realize. Florida’s parenting laws shifted in a real way on July 1, 2023. The new law creates a presumption of equal time-sharing. Courts now start from a 50/50 split. Before this change, there was no automatic starting point.

So what does that have to do with NeoCity Academy?

Quite a bit, actually. When both parents share equal overnights, the child’s school location becomes a much bigger factor. NeoCity Academy sits in a specific spot in Kissimmee. If one parent lives close and the other lives across town near Poinciana or out by the St. Cloud border, that daily commute can tip the balance of a parenting plan. Courts look at practical logistics. They want to know if the schedule actually works on school mornings.

Under Florida Statute 61.13, judges must look at the interests of the child. That phrase covers a lot of ground. But one key factor is stability in the child’s routine, including their school life. We see this come up constantly in our work with Kissimmee families.

What the 50/50 Presumption Really Means for You

The presumption isn’t a guarantee. It’s a starting point.

Either parent can present evidence showing a different arrangement serves the child better. And school logistics are one of the strongest pieces of evidence you can bring. Think about it this way. Parent A lives five minutes from NeoCity Academy. Parent B lives 35 minutes away. A true 50/50 rotation means the child spends half their school nights far from campus. That’s early wake-ups, long car rides, more stress on a kid who just wants to get to class. Judges notice those details, and they carry real weight in the final order.

The reverse is also true. If you’re the parent who lives farther away and you can show a solid transportation plan, that distance alone won’t disqualify you from equal time. Courts want solutions, not excuses.

Here are the factors judges weigh most when school choice intersects with equal time-sharing:

  • Each parent’s proximity to the school and their ability to handle daily drop-off and pick-up
  • The child’s academic performance and social connections at their current school
  • Whether both parents agreed on the school enrollment or if one parent moved forward without the other’s input
  • The child’s age and how well they handle the back-and-forth between two homes on school days

We’ve worked with parents who assumed the new law meant everything would just be split down the middle. It doesn’t work that way in practice. The 50/50 presumption opens the door, but the details of your life in Kissimmee fill the room.

Why This Matters Right Now

If you’re going through a divorce or modifying a parenting plan, the 2023 law change means the other parent has stronger standing to request equal overnights. That makes your child’s enrollment at NeoCity Academy a live issue. Not a background detail.

You need to think about this before your hearing. Not after.

The school your child attends shapes the schedule, the schedule shapes the parenting plan, the parenting plan shapes your daily life for years. One decision feeds the next. And if you and your co-parent disagree about whether NeoCity Academy is the right fit, that disagreement itself becomes part of the case. Courts look at which parent supports the child’s educational stability. They look at who’s being cooperative and who’s being difficult.

This is exactly the kind of situation where talking to a family law attorney early makes a real difference. If you want to understand how your parenting plan connects to your child’s school enrollment, our parenting plan page breaks down the full process for Kissimmee families.

About the Author

Shawn Hungate

Shawn Hungate is a dedicated family law attorney specializing in uncontested divorce cases in Kissimmee and Osceola County. With extensive experience navigating Florida’s legal landscape, Shawn helps clients achieve amicable resolutions efficiently, often minimizing or eliminating the need for court appearances. His practice focuses on providing clear guidance and meticulous preparation to ensure a smooth and stress-free divorce process for his clients.