In Florida, parenting plans must address parental responsibility and timesharing independently. So what is parental responsibility in the eyes of Florida courts? Simply put, parental responsibility refers to the authority parents have to make decisions that affect a minor child’s life. Generically, this can refer to everything from bed times and meals to religious affiliation and medical procedures.
Florida strongly favors “shared parental responsibility” and is appropriate in the majority of cases. Shared parental responsibility is a court ordered relationship for the parents of a minor child where both parents retain full parental rights and must confer with each other and jointly agree on major decisions affecting a child’s life. This does not mean that parents must check with each other for every bedtime story or timeout. Whichever parent the child is with at any given time retains the right to make day-to-day decisions about the child’s care. However, the big decisions like what religion the child will follow, what school the child will attend, or if the child will get braces this year must be jointly determined.
Ultimate decision making authority is sometimes awarded when parents display an inability to jointly agree on what is best for a child. This parental responsibility still requires parents to confer with each other for major decisions, but it places the final say in the hands of a single parent. Courts can also specify particular aspects of a child’s upbringing for ultimate decision making authority. A court may order shared parental responsibility and ultimate decision making authority for academic decisions only with one parent.
Sole parental responsibility is when the court places all decision making in the hands of one parent. Courts award this when evidence shows that it is in the child’s best interest to do so. Parents who are awarded sole parental responsibility have usually shown to the court that the other parent’s influence on major decisions will have a detrimental impact on the child’s life.