Determining Parental Responsibility

If you are planning on divorcing and you and your spouse have children together, before your divorce can be finalized, you will need to agree to a Parenting Plan. A parenting plan is a custody agreement that you and your spouse enter, that governs the custodial rights and responsibilities of your minor or dependent child(ren). In the event you and your spouse cannot agree on the terms of the parenting plan, a court will make the plan based on the best interests of the minor child(ren).  The details outlined in your parenting plan will determine the parental responsibility arrangement for you, your spouse, and your child(ren). In Florida, these details are governed by Florida Statute 61.13. See Florida Statute 61.13. Under Florida Statute 61.13, there are three (3) different types of parental responsibility that parents may have; shared parental responsibility, sole parental responsibility, and shared parental responsibility with decision making authority. Shared Parental Responsibility In Florida, the courts have the presumption that parents will have shared parental responsibility. This is because the Florida courts prefer to implement parenting arrangements where the parents have equal decision-making power when it comes to their children’s education, activities, healthcare, and other responsibilities that are unique to your family, etc. See Florida Statute 61.13. When your parenting plan outlines that both parents shall have shared parental responsibility, the agreement will clearly state that this decision it is in the best interests of the child(ren) that the parties confer and jointly make all major decisions affecting the welfare of the child(ren). See Florida Parenting Plan Forms. Sole Parental Responsibility In the State of Florida, if one parent is granted what is known as sole parental responsibility by the court, they have all decision-making authority for their child(ren). The other parent will still have timesharing with the child(ren) depending on the circumstances. This just gives one parent all decision-making authority for education, health, etc. Pursuant to Florida Statute 61.13, “the court shall order that the parental responsibility for a minor child be shared by both parents unless the court finds that shared parental responsibility would be detrimental to the child.” In determining detriment to the child, the court shall consider:

1. Evidence of domestic violence;
2. Whether either parent has or has had reasonable cause to believe that he or she or his or her minor child(ren) are or have been in imminent danger of becoming victims of an act of domestic violence or sexual violence by the other parent against the parent or against the child(ren) whom the parents share in common regardless of whether a cause of action has been brought or is currently pending in the court;
3. Whether either parent has or has had reasonable cause to believe that his or her minor child(ren) are or have been in imminent danger of becoming victims of an act of abuse, abandonment, or neglect by the other parent against the child(ren) whom the parents share in common regardless of whether a cause of action has been brought or is currently pending in the court; and
4. Any other relevant factors.

Shared Parental Responsibility with Decision-Making Authority This last option for parental responsibility is the same as Shared Parental Responsibility, however one parent will have decision-making authority as to specific areas of parenting. This can include education, health care, extracurriculars, etc. See Florida Statute 61.13. Both parents must still discuss the given topics and issues and try and resolve them with regard to major decisions. However, in the event of an impasse, one parent will be designated to have the final say as to the specific areas of parenting. This means the designated parent cannot make unilateral decisions. They must still confer with the other parent prior to making a final decision. If you or someone you know is seeking advice on divorce matters, you can speak with one of our family law attorneys at the Yaffa Family Law Group at 561-276-3880 or visit our website at www.yaffafamilylawgroup.com to schedule your confidential complimentary consultation.

Frequently Asked Questions

If you're facing a family law matter in South Florida, the experienced attorneys at Yaffa Family Law Group's Nuptial Agreements practice are here to help. Our team understands Florida family law and can guide you through every step. View all our practice areas or contact us today for a confidential consultation.