Information About Shared Parental Responsibility from Family Lawyer Joan Berry Nassar, Melbourne, Florida Attorney

Shared Parental Responsibility

Shared Parental Responsibility means that parental responsibility shall be shared by both parents to the extent that both parents shall retain full decision making responsibility with respect to the minor children. Both parents are required to confer so that MAJOR DECISIONS affecting the welfare of the children will be determined jointly. Such areas of responsibility for the children shall include their education, religious training, non-routine medical and dental care, disciplinary measures, choice of day care facility or babysitter, and other similar matters.

If the parents are unable to agree upon the matter in the best interests of the children after a good faith negotiation, the matter shall be presented to the Court by motion for an evidentiary hearing and the Court shall determine which parent shall have the right to decide the issue. The parent who has actual physical custody of the children at any particular time (the custodial parent) shall make the DAY TO DAY regular and ordinary decisions for the children’s control and discipline, emergency medical and dental care, other routine daily care, and any emergency decision if there is insufficient time to contact the other parent.

Sole Parental Responsibility means that one parent has the right to make ALL decisions relative to the children without consulting the other parent. Sole parental responsibility is not favored under the law and is not granted unless the secondary residential parent is irresponsible, neglects or abuses the children, or there is some other reason supported by evidence which justifies sole parental responsibility. Restricted or supervised visitation is not favored but may be necessary if the children will be placed in danger of abuse, neglect or other situations which require more protection for their physical, psychological or emotional well-being.
(Eighteenth Judicial Circuit of Florida, Shared Parental Responsibility Visitation Guidelines and Related Matters, Amended January 2002)