Boca Raton Parental Responsibility Lawyer

When it comes to parental rights and responsibilities and child custody, Florida law determines what is best for the children per the Uniform Child Custody Jurisdiction and Enforcement Act. The laws in each state are different and designed to address both the legal and physical care of children whose parents are divorcing or for parents that have never been married.

Florida courts have two options when it comes to parental responsibility cases: either both parents will have shared responsibilities, or one will have sole responsibility over the child. Sole parental responsibility means that one parent will make all of the decisions regarding the child. The law in Florida generally does not favor a single-parent custody arrangement, although in some circumstances (typically related to child abuse or substance abuse) sole custody may be required to protect the child and the child’s interests.

The policy of the state and the preference of Florida judges is for parents to enter into a shared parental responsibility agreement. Parental responsibility is the right and obligation of both parents to be an important part of their child’s life by consulting with one another and by mutually making the major decisions that affect the child’s life. The law generally presumes that each parent should have equal decision-making rights.

In a shared parental responsibility arrangement, both parents discuss major decisions for their child such as the choice of doctors, medical treatments, childcare, schools, and extra-curricular activities. Judges prefer shared parental responsibility arrangements because they encourage each parent to continue to play a major role in the child’s life even after a divorce. Shared parental arrangements also reduce any tendency for a parent to lose touch or miss a major event in the child’s life.

In shared parental responsibility arrangements, the parents must create a parenting plan. This outlines who will make decisions about the child’s education, healthcare, physical and social well-being. The plan will also detail the time-sharing schedule that has been agreed up on by both parents, and discuss how parents will communicate with the child when they do not have custody, either via phone, email, or other means. The parenting plan can be made by both parents, however if the judge does not agree to it, he can provide his own version of it that will override the parents’ plan. If the two parents cannot agree on an issue in a shared parental responsibility relationship, they may bring the matter to court and have a judge rule on what decision to make. The judge will look at evidence and hear testimony before making a final decision that the parents must then adhere to.