There are several types of Parental Responsibility that may be sought in either a Paternity, Divorce, or Modification action. Parental Responsibility determines who gets to make the major decisions for the children. Parental Responsibility does not speak to where the child will live, but solely who and what decisions will be made by, and for, the child.
Shared Parental Responsibility
Shared Parental Responsibility gives both parents an equal say in the major decisions of a child’s life. These would include decisions such as Religion, Education, Medical, and Dental care. Shared Parental Responsibility is generally awarded by the Court unless there a serious reason that one parent should not be involved in the child’s life.
Shared Parental Responsibility with Ultimate Decision Making
As implied, the Court can give one or both parents ultimate decision making over the minor child. One of the parents may be given the ability to make the decisions for a child, after consulting with the other parent. This may be done in case where there is a significant amount of animosity between the parties. The Court may also split this decision making process between the parties, for example grant father the ultimate decision making for medical, dental, and mother makes decisions over education.
Sole Parental Responsibility
Sole Parental Responsibility gives one parent all the decision authority in the child’s life. However, for the Court to order Sole Parental Responsibility the Court must find that Shared Parental Responsibility is detrimental to the child.
Parties in an action involving children must establish a time-sharing schedule for those minor children. It appears as the Courts are starting to favor equal time-sharing, or at least granting a significant amount of time to both parents. The statute states: “It is the public policy of this state that each minor child has frequent and continuing contact with both parents after the parents separate or the marriage of the parties is dissolved and to encourage parents to share the rights and responsibilities, and joys, of child-rearing. There is no presumption for or against the father or mother of the child or for or against any specific time-sharing schedule when creating or modifying the parenting plan of the child.”
However, there may be valid reasons to restrict time-sharing, or put into place safeguards to protect children during the one parties time-sharing. The safety and well being of the children is paramount.
Florida Child Custody Lawyer
Florida Law on Parental Responsibility and Time-Sharing is not easy and has difficult rules and procedures. Do not do it alone. We always offer a free consultation. There is no better way than sitting down face-to-face with a Trusted, Knowledgeable and Experienced Family Law Attorney to learn what your rights are and to get what you deserve. You probably know someone, a friend, or family member that has a horror story regarding their own experience. That is why you should always consult an attorney that practices Divorces and Family Law and nothing else. At New Horizons Law we do not practice criminal law or elder law, or many other types of law. We are a Florida Divorce and Family Law attorneys that understands the laws completely, because we handle family law matters on a regular basis. We will always listen compassionately and attentively to your needs and concerns, and provide you with the best advice for your particular case.