How Does Florida Define Sole Parental Responsibility in a Divorce or Paternity Case?

Florida divorce and paternity cases can involve issues regarding parental responsibility. Parental responsibility is the term used to define the actual building of parent/child relationships and parental decision making for children. When both parents are mentally healthy, stable and responsible individuals there is normally not a question of the division of such responsibilities, they will be shared. However, what happens if one parent is absent and remained absent from the child’s life or one parent has a severe drug addiction; will the parents still be required to make decisions together?

Florida Statute 61.046(17) defines shared parental responsibility as both parents having equal share in major decisions involving the children (i.e. school; non-emergency surgeries, etc. If it is not in the best interest of the children for the parents to share these decisions, then Florida Statute 61.046(18) defines sole parental responsibility as a court-ordered relationship in which one parent makes decisions regarding the minor child. This is normally an issue when the Court or parties agree that one parent is more likely to take responsibility for the children and the other party is less likely to be able to engage in such decision making as would be required during the life of the children.

You should speak with a family law attorney about your rights and options regarding matters involving your children when going through a divorce or paternity action.

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