If a divorce case involves children or a custody matter, the court typically favors shared parenting. In shared parenting, both parents make decisions regarding the children when it comes to medical decisions, school issues, religion, psychology and extracurricular activities. However, exceptions can be made if this is shown not to be in the best interest of the child.
Determining Sole Custody
With sole custody, one parent makes all of the decisions about the child. It differs from shared parenting in this way. To obtain sole custody, one parent must show detriment to the child caused by the other parent. When one parent has abused, abandoned, or neglected the child, sole custody may be in the best interest of the child. Other factors that can show detriment to the child include one parent’s mental illness, substance abuse, or alcohol abuse that affects their ability to properly parent the child.
Understanding Ultimate Decision Making
Where sole custody differs completely from shared parenting, ultimate decision making is a blend between the two. With shared parenting, a judge can delegate decision making to one parent over one specific area or multiple specific areas of a child’s welfare. Decisions on this particular issue or these particular issues would go to one parent, while parents continue to 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. This means that 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. The reasoning is that it would give one parent complete control over all decision making, which undermines the intent of the child custody statute regarding shared parental responsibility.
Evaluating the Child’s Best Interest
Where the facts of the case justify it, nothing forbids a trial court from awarding ultimate decision making responsibility to one parent in one or more specified areas. The trial court needs to 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.