The idea of child custody encompasses two distinct concerns: 1) where the children primarily live, and 2) who has decision making authority for the children.

Parental responsibility is the second component of what is commonly thought of as custody.

Each parent has some role in a child’s life, therefore neither parent should be identified as the “primary” caregiver. The court’s job is to help parents define those roles where an agreement cannot be reached.

Effective October 1, 2008, the Florida Legislature has redefined what is commonly referred to as custody or primary residential parent. The term now used by courts with regard to who has decision making authority for the children is parental responsibility.

Specific areas of decision making can be designated by the court or agreement of the parties. For example, one parent may make education decisions while the other parent may make religious decisions. Or, the parties may have joint decision making authority in all aspects of the children’s lives. This is referred to as shared parental responsibility.

In certain circumstances, where it is in the best interest of the children, a court may award sole parental responsibility to one parent. Typically, sole parental responsibility is only ordered when the other party’s conduct has been grossly inappropriate and the children’s health and safety may be put in jeopardy if sole parental responsibility is not ordered.

Related Issues:
Child Support
Custody/Substantial Time Sharing
Visitation/Time Sharing

Related proceedings:
Divorce
Paternity
Modification
Enforcement
Contempt
Injunctions

Every case and situation is unique. Your attorney will evaluate your individual situation and advise you how best to proceed regarding these and other issues. The above statements are made for informational purposes only and should not be considered legal advice. The Law Offices of Thomas J. Donnelly shall not bear responsibility for any actions taken based upon the above information. Seeking professional help for your legal problems and concerns is imperative.