Jacksonville Divorce Attorney Blog
This Jacksonville family law attorney’s office represents parents seeking shared parental responsibility and sole parental responsibility. In all child custody matters, the parties or the Court must determine what type of parental responsibility the parties will have. The two types of parental responsibility are Shared Parental Responsibility and Sole Parental Responsibility. It’s important that all parents understand the difference between the two types. Shared Parental Responsibility means that the parties will confer with each other regarding all matters concerning the minor child that they share. This includes such things as educational decisions, residence decisions, religious decisions, and medical decisions. If sole parental responsibility is granted to one parent, that parent does not have to confer with the other parent about anything. Check with your Jacksonville family law attorney about this issue before making a decision.
Most family law Courts believe that the parents should share these types of decisions and they order shared parental responsibility unless there is some good reason not to have the parents share in the decision making. Florida statute 61.13(2)(e)(2) allows the Court to grant 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 time-sharing as specified in the parenting plan as will best protect the child or abused spouse from further harm”. An example of a good reason not to order shared parental responsibility in a case would be if one of the parents has exhibited poor decision making regarding the child in the past. Some examples of poor decision-making would-be things like 1) failing to register your child for school or home schooling, 2) failure to provide appropriate caregivers for when you are not present and able to care for the child yourself, or 3) failure to get medical treatment for a child when it needs medical care. Some more serious reasons for ordering sole parental responsibility are if there is a history of domestic violence, or a parent is incarcerated. In those instances, there is a rebuttable presumption of unfitness that will arise that shifts the burden of proof to the defending party to show they are not unfit. There may be other practical reasons to give one parent decision making powers over the other parent in certain areas. An example would be if one of the parents is not educated and is unable to assist the child with their education, the Court might give one parent ultimate decision making in the educational area. Contact your Jacksonville family law attorney to advocate on your behalf what is in the best interest of your child.
When reaching an agreement regarding parental responsibility, the parent should be careful not to relinquish their rights regarding this issue as it is very difficult to change the parental responsibility division once it is agreed upon or ordered by the Court. To change anything regarding the minor children once it is established by the Court, you must show that there has been a substantial change in circumstances that makes it detrimental to the welfare of the child not to change the parental responsibility. This is a very high burden of proof that lies somewhere between the preponderance of the evidence (or more than 50%) and beyond a reasonable doubt (or 99%). As always, before attempting to maneuver through the legal system alone, it is advisable to consult with a family law attorney first. Your Jacksonville family law attorney is here to advise you, guide you and advocate for you.