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Co-Parenting and Shared Parental Responsibility in the Orlando, Florida Area

Differing parental styles can be a blessing while parties are married, and a burden when they are divorced. This would come in to play when you have one parent who is a Type A personality being very organized and meticulous; and the other parent who is relaxed and laid back and not as concerned about schedules and promptness as the other parent. This dilemma brings about the question of how do parents with differing parental styles resolve parenting challenges when the court has ordered after a divorce that they shall share parental responsibility.

Florida Statute § 61.13 provides that the court shall order that both parents share the parental responsibility for a minor child unless the court finds that shared parental responsibility would be detrimental to the child.

The principle of shared responsibility establishes that major decisions affecting the welfare of the child are to be made after the parents confer and reach an agreement. See § 61.046 (17) Fla. Stat. (2018).

If the parents cannot agree as to how they will share parental responsibility, the court shall resolve the dispute by applying the best interest of the child test. See § 61.13 Fla. Stat. (2018).

A party may file a modification of time-sharing and parenting plan.  The court can determine, that such disagreement between parties may constitute a substantial change in circumstance, requiring modification of the Final Judgement in the best interest of the child; and award one parent ultimate decision making. Such disagreement may not always meet the substantial change test. Courts in the Orlando, Florida area require that the parties attend mediation before setting a hearing date before the court to hear the matter and decide which party shall have ultimate decision-making power.

In the Orlando, Florida Area, Mediation is mandatory prior to setting a trail or hearing except for a Contempt of Court Hearing. Setting a hearing date and having the court hear the issue, may take a significant amount of time which may be impractical for some parties. In the Orlando, Florida area it can take approximately three (3) months to get hearing time; and approximately six (6) months to get trial time.    

Further, Florida case law has shown that courts require the parties to display an extensive inability to cooperate in regards to shared responsibility before they award ultimate decision-making authority to one parent over another. Usually, there have been multiple appearances before the court on contempt of court issues regarding shared parenting and the failure to accomplish shared parenting. When the court is convinced after multiple episodes before the court, that shared parenting will not work, then the court is allowed by the case law to award one parent ultimate decision making. This burden is not accomplished when you have minor disagreements.   

Co-parenting can create a sense of unity by establishing the same rules for both parents’ households. This shows the children that the parents are working together and are still very much a family. It also shows the children that they will not be able to manipulate the parents and play one parent against the other parent to get what they want from the parents.

If you have more questions regarding Shared Parenting and time Sharing; or another Marital and Family Law matter, you may contact Ann Marie Giordano Gilden at Ann Marie Giordano Gilden, P.A. at 407-732-7620 and set an initial consultation. You may also visit my website at:  https//: www.AnnMarieGildenLaw.com. 

This article is for informational purposes only; and it does not form an attorney client privilege.