When parents divorce in Florida, one of the most emotionally charged aspects of the process involves determining arrangements for the children. Parents naturally worry about how much time they will spend with their children and who will make important decisions about their upbringing. Understanding how Florida law approaches these issues can help parents navigate this difficult terrain with greater clarity and confidence.
At Cooper & Cooper, P.A. in Fleming Island, we help parents understand their rights and work toward arrangements that serve the best interests of their children. Our team recognizes that every family is different, and we approach each case with the care and attention it deserves.
Florida Does Not Use the Term Custody
One of the first things parents should understand is that Florida law does not actually use the term custody. While everyone commonly uses this word, and you will hear it in everyday conversation, it is not a term that Florida courts recognize in the legal sense. Instead, Florida breaks down what most people think of as custody into two separate concepts: parental responsibility and time-sharing.
This distinction is more than just semantics. It reflects Florida’s approach to keeping both parents involved in their children’s lives whenever possible. Rather than awarding one parent custody and reducing the other to a visitor, Florida law focuses on how parents will share both decision-making authority and actual time with their children.
What Is Time-Sharing?
Time-sharing refers to the schedule that determines when each parent will have the child or children in their care. This includes overnights as well as daytime visitation. A time-sharing schedule typically covers the regular weekly or bi-weekly arrangement, as well as holidays, school breaks, summer vacation, and special occasions like birthdays and Mother’s Day or Father’s Day.
The time-sharing schedule is documented in a parenting plan, which is a required document in any Florida divorce or custody case involving minor children. The parenting plan spells out in detail when the children will be with each parent, how exchanges will occur, and how parents will handle scheduling conflicts or changes.
Florida courts do not automatically favor one parent over the other when determining time-sharing. The goal is to create an arrangement that serves the best interests of the child, which often means ensuring that the child has frequent and meaningful contact with both parents. The specific schedule will depend on factors such as each parent’s work schedule, the child’s school and activity schedule, the distance between the parents’ homes, and the child’s age and needs.
What Is Parental Responsibility?
While time-sharing addresses where the child will be and when, parental responsibility addresses decision-making authority. Parental responsibility refers to a parent’s rights and obligations to make decisions about the major aspects of their child’s life. This includes decisions about education, such as where the child will attend school and whether they need special educational services. It includes decisions about medical care, such as choosing doctors, consenting to treatments, and making decisions about mental health services. It also encompasses religious upbringing, extracurricular activities, and other significant matters affecting the child’s welfare.
Florida recognizes two types of parental responsibility: shared parental responsibility and sole parental responsibility. Understanding the difference between these two arrangements is crucial for any parent going through a divorce.
Shared Parental Responsibility Is the Default
In Florida, shared parental responsibility is almost always the default arrangement. This means that both parents have equal rights to participate in major decisions affecting their child. Under shared parental responsibility, neither parent can make significant decisions about the child’s education, medical care, or other important matters without consulting and obtaining agreement from the other parent.
This arrangement reflects Florida’s policy of encouraging both parents to remain actively involved in their children’s lives, even after divorce. The assumption is that children generally benefit from having both parents participate in important decisions about their upbringing. Shared parental responsibility requires parents to communicate and cooperate with each other, which can be challenging after a divorce but is considered to be in the best interests of the child.
It is important to understand that shared parental responsibility does not necessarily mean equal time-sharing. A parent can have shared parental responsibility even if the children spend more overnights with the other parent. The decision-making authority and the physical time with the children are separate issues under Florida law.
When Sole Parental Responsibility May Be Appropriate
While shared parental responsibility is the norm, there are situations where sole parental responsibility may be awarded to one parent. To obtain sole parental responsibility, you must demonstrate to the court that having the other parent involved in the decision-making process would be detrimental to the child. This is a high standard to meet, and courts do not grant sole parental responsibility lightly.
Examples of circumstances that might support an award of sole parental responsibility include documented substance abuse that affects the parent’s ability to make sound decisions for the child, a history of domestic violence, severe mental health issues that impair judgment, a pattern of making decisions that endanger the child’s welfare, or complete abandonment or lack of involvement in the child’s life.
If sole parental responsibility is awarded, the parent with this authority can make major decisions about the child without needing to consult or obtain agreement from the other parent. However, even in these cases, the other parent may still have time-sharing rights unless the court determines that contact with that parent would be harmful to the child.
The Importance of the Parenting Plan
In any Florida divorce involving minor children, the court requires a parenting plan that addresses both time-sharing and parental responsibility. This document serves as a roadmap for how the parents will share responsibilities and time with their children going forward. A well-drafted parenting plan can prevent many conflicts by clearly spelling out expectations and procedures.
The parenting plan should be detailed enough to provide clear guidance but flexible enough to accommodate the changing needs of children as they grow. Parents can agree on a parenting plan together, or if they cannot reach an agreement, the court will establish one based on what it determines to be in the best interests of the child.