CHILD CUSTODY
Child Custody in the State of Florida is governed by Florida Statute §61.13. There are two types of custodial arraignments in Florida: Sole Parental Responsibility and Shared Parental Responsibility.
Sole Parental Responsibility can be either with or without time-sharing, depending on the best interests of the minor child. Sole Parental Responsibility is only granted when Shared Parental Responsibility would be detrimental to the child(ren). Sole Parental Responsibility conveys sole decision making authority to the parent receiving same.
In direct contrast to Sole Parental Responsibility, Shared Parental Responsibility grants both parents equal rights with regard to decision making power. Additionally, under Shared Parental Responsibility, both parents share on a timely basis, all important information they may receive regarding the child(ren)'s education, medical situations, and extra curricular activities.
Under Shared Parental Responsibility the Court will usually designate one parent the Majority time-sharing parent and the other parent the Minority time-sharing parent. What does this mean? Only that one parent spends a majority of time-sharing with the minor child and the other parent a minority of the time-sharing. It does not, and I repeat does not confer any additional authority regarding the minor child(ren), to the Majority time-sharing parent.
What if both parties have equal time-sharing? This type of time-sharing arraignment is defined as rotating custody (sometimes referred to in street language as joint custody). This time-sharing arraignment is not generally used as it is disfavored by most courts. Rotating Custody is generally only ordered if both parties agree to it, have a good parenting relationship and live in close proximity to each other.
Give us a call today and we will help put together a child custody plan that makes sense. I am Alan Rosenthal, and this is Divorces For Men.
