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What is Ultimate Decision Making in an Orlando, Florida Area Divorce Case?

In a divorce case with children involved, or in a custody matter, the court typically favors shared parenting, where both parents make decisions regarding issues of the children, such as medical issues, school issues, religious issues, psychological issues, and extracurricular issues. 

Sole Custody

Shared parenting differs from sole custody, wherein one parent makes all the decisions. However, to obtain sole custody, one parent must show detriment to the child caused by the other parent. This can be shown when one parent abused, abandoned, or neglected the child. It can also be shown when one parent’s mental illness, substance abuse, or alcohol abuse affects their ability to properly parent their child. 

Ultimate Decision Making

There is also the option of shared parenting with ultimate decision making. With shared parenting, the judge can delegate decision making to one parent over a specific area or areas of the child’s welfare. That means one parent makes the decisions on a particular issue or issues while the parents have shared decision making on all other issues. 

Courts have held that a blanket unspecified award of ultimate responsibility is contrary to the statutory concept of shared parental responsibility. There cannot be a blanket order on ultimate decision making where the court allows one parent to make the ultimate decision on any issue on which the parents do not agree. That is because that would give one parent complete control over all the decision making, which undermines the intent of the child custody statute regarding shared parental responsibility. 

Determining the Child’s Best Interest

Nothing forbids a trial court from awarding ultimate decision making responsibility to one parent in one or more specified areas where the facts of the case justify it. The trial court must analyze whether ultimate decision making is appropriate by reviewing section 61.13(3), Florida Statutes. That is the statute regarding the best interest of the child. That statute enumerates the elements the courts must evaluate to determine what is in the child’s best interest.  

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. 

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