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Parental Responsibility

Generally, it is the public policy of Florida to encourage parents to share the rights and responsibilities and joys, of child rearing. Ordinarily, parental responsibility is to be shared by both parents, unless the court should find that shared parental responsibility would be detrimental to the child(ren). In the event the court should find that shared parental responsibility would be detrimental to the child(ren), the court may order sole parental responsibility for a minor child to one parent. In some instances, although the court may order that the parties shall have shared parental responsibility, the court may consider the express desires of the parents and may grant to one party the ultimate responsibility and final decision making authority over specific aspects of the child’s welfare or may divide parental responsibility between the parties based on the best interests of the child. Areas of responsibility may include education, healthcare and any other responsibilities that the court finds unique to a particular family.

Generally, parental responsibility refers to the day to day decision making of a parent concerning the welfare of the child(ren). Decisions affecting the child’s welfare are made under the concept of parental responsibility. In most circumstances, the court will find that shared parental responsibility will be in the best interests of the child and law presumes that parties are going to be able to effectively co-parent the child(ren). Sole parental responsibility allows one parent to make decisions affecting a child, without consulting with the other parent or requiring the parent making the decision to obtain the other parent’s consent.

Parental responsibility is an important aspect in ensuring the best interests of the minor child(ren) are protected. Our Family Law lawyers are experienced in assisting clients in creating a parenting plan which provides for parental rights and responsibilities best suited to promote the best interests and welfare of the minor child(ren).