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Shared Parenting Versus Sole Custody in the Orlando, Florida Area

The Florida Custody or Timesharing Statute is Section 61.13 Florida Statute (2018). Florida Statute 61.13 is titled “Support of children; parenting and time-sharing; powers of court.”

Florida’s Parental Responsibility Statute

Section 61.13, Florida Statute (2018) refers to two types of parental responsibility, sole parental responsibility and shared parental responsibility. Shared parental responsibility is the preferred arrangement over sole parental responsibility. Under the principles of shared parental responsibility, major decisions affecting the welfare of a child are to be made after the parents confer and reach an agreement. 

Best Interest of the Child

In almost all cases, the court awards parental responsibility that is shared by both parents. This is because the court finds that it’s in the best interest of the child. It is extremely rare that the court will grant sole parental responsibility. The court must find that shared parental responsibility would be detrimental to the child in order to award sole parental responsibility. The presumption and goal of the best interest of the child is for the child to have a productive, happy, and loving relationship with both parents. 

Further, it is difficult to prove detriment to the child. To do that, one parent must show that the other parent abused, abandoned or neglected the child and that those actions are detrimental to the physical or mental health of the child. 

Granting Sole Parental Responsibility

In order for the court to grant one parent ultimate decision-making authority, the court must make the statutorily required findings that shared parental responsibility would be detrimental to the child. Giving one parent the tie breaker authority when parents cannot agree under shared parental responsibility is tantamount in awarding sole parental responsibility. 

The court can award a parent that has shared parental responsibility with the other parent ultimate decision making regarding one specific area of the child’s welfare, such as education or medical care. However, that parent can show that it would be detrimental to the child if the court did not give the one parent ultimate decision making in that one aspect of the child’s life. This is hard to prove, as mentioned above. 

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.