In family law and divorce cases involving minor children, the circuit court must determine whether the parents of the minor children at issue in the case will have shared parental responsibility Florida. The Court is obligated to order shared parental responsibility under Statute 61.13, unless it is determined such an order would be detrimental to the welfare/best interests of the children. Some examples of shared parental responsibility being detrimental to the children include abuse, neglect, and certain crimes causing a parent to be incarcerated for a majority of the children’s minority. What is shared parental responsibility in Florida? Call to speak with a child custody attorney about your divorce or family law case 407-335-8113.
What is shared parental responsibility in Florida?
What is shared parental responsibility in Florida? To understand what shared responsibility means, we look to Statute 61.046 for a definition of the term. Florida Statute 61.046 defines shared parental responsibility as “a court-ordered relationship in which both parents retain full parental rights and responsibilities with respect to their child and in which both parents confer with each other so that major decisions affecting the welfare of the child will be determined jointly.” If you are a great co-parent and your ex-partner or spouse is also a terrific parent and communicator, shared parental responsibility in Florida can be a wonderful guideline. However, for everyone else, break ups often cause an absence of communication and opinions differ as to how best to raise a child.
As a petitioner or a respondent in a family law case involving minor children, you will need to decide what level of parental responsibility to petition for. There are three primary categories of parental responsibility in our State. The first, as mentioned earlier, is the court’s statutorily preferred shared parental responsibility. The second is shared parental responsibility with ultimate decision-making authority, and the third is sole parental responsibility. Providing the court rules, or the parties agree, and the court affirms that shared parental responsibility Florida is best for the children, what exactly does that mean for the parents and the kids?
Sharing parental responsibility affects all decisions involving the minor children. That may be too broad of a statement for you to get a sense of what shared parental responsibility is in our State. Specifically, many litigants believe shared parental responsibility in Florida generally involves decisions about a child’s education, healthcare, and extracurricular activities. Typically, one parent (the primary timesharing parent) believes he or she is better-suited to making day-to-day decisions about their child’s schooling, doctor visits and care, and whether extracurricular activities (sometimes involving sports, religion, dancing, etc.) are appropriate.
Ultimately, family law circuit courts, in coordination with the State Legislature, believe the best policy is for parents to be awarded shared responsibility unless a different approach is warranted based on the facts admitted into evidence. If you would like to speak with a child custody attorney about your divorce or family law case, contested or uncontested, call Attorney Jonathan Jacobs of the Jacobs Law Firm to determine your rights and responsibilities. Dial 407-335-8113 today.