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Sole Custody Versus Shared Custody in Orlando, Florida Area

The differences between and definitions of Sole Custody and Shared Custody in the Orlando, Florida Area can be found in Florida Statute 61.13 and 61.046.

Shared Custody

Shared parental responsibility means both parents are involved in the decision-making aspects of the child’s life. Both parents decide what school the child will attend, which doctors the child will see, and which sports or extracurricular activities the child will participate in outside of their classes. Both parents have unsupervised timesharing with the child pursuant to a parenting plan.

Sole Custody

In Florida Statute 61.046(18), Sole Parental Responsibility is defined as a court-ordered relationship in which one parent makes decisions regarding the minor child. The parent with Sole Custody makes all the decisions regarding the child. This is different from Shared Parental Responsibility with Ultimate Decision Making. 

Shared Parental Responsibility 

With Shared Parental Responsibility with Ultimate Decision Making, one parent must confer with the other, and only when they cannot agree does the parent with ultimate decision-making authority make the decision. Whereas, with Sole Custody, the parent that has Sole Custody need not confer with the other parent regarding decision making of the child. Florida Statute 61.13(2)(c)(2) states that the court shall order that 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.

Reasons for Sole Parental Responsibility

If the court determines that shared parental responsibility would be detrimental to the child, it may order sole parental responsibility and make such arrangements for timesharing as specified in the parenting plan, as will best protect the child from further harm.

How does the court make such determination? It examines the best interest of the child factors in Florida Statute 61.13. The court also determines whether or whether not there is a conviction of any offense of domestic violence or child abuse or the existence of an injunction for protection against domestic violence. Further, the court shall consider in its determination of the evidence whether there was domestic violence or child abuse irrespective of whether there was a conviction. 

In Florida Statute 61.13 (2)©(2)(b), it states that the court shall order sole parental responsibility for a minor child to one parent with or without timesharing with the other parent if it is in the best interest of the child.

If you have more questions regarding a Marital and Family Law matter, you may call 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: AnnMarieGildenLaw.com; and check me out on these other sites: Ann Marie Giordano Gilden on Facebook; Ann Marie (Giordano) Gilden on LinkedIn; and Ann Marie Giordano Gilden on AVVO and Lawyers.com. 

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