What is sole parental responsibility/sole custody mean in Florida?

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In Florida, per statutes § 61.046(17) and § 61.13(2)(c)(2), sole parental responsibility is when one parent makes decisions regarding the child without input from the other parent.  This includes minor decisions that need to be made on a day-to-day basis (i.e., the child’s bedtime) as well as all major decisions (i.e., the school the child attends).

Sole parental responsibility will be given to one parent if the judge decides that shared parental responsibility would be harmful to the child.  In making a decision regarding what is harmful to the child, the court will consider evidence of domestic violence or child abuse, neglect or abandonment.   In those cases, the judge will make arrangements for time-sharing that will best protect the child or abused spouse from further harm, which may mean that no time-sharing is ordered.

What does parental responsibility mean under Florida law?

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Edward J. Chandler, P.A.
708 East Atlantic Boulevard    Telephone:  (954) 788-1355
Pompano Beach, Fl 33060    Facsimile:  (954) 788-1357

                 In Florida, the courts no longer use the term “custody.”  Neither party will be “awarded custody.” Instead, the courts will assign "parental responsibility" for the children, either shared or sole, and will provide for a timesharing arrangement. 

               The responsibility for raising a child ends upon the child's 18th birthday or upon graduating from high school - by age 19.

What is a Parenting Plan under Florida Law?

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708 East Atlantic Boulevard    Telephone:  (954) 788-1355
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Under Florida law,  F.S. § 61.13(2)(b) and F.S. § 61.046(13), a “parenting plan” is a document created to establish the roles of each parent when it comes to making decisions about your child's education, health care, and physical, social, and emotional well-being.

The parenting plan must include a description of who will be responsible for any and all forms of health care, school-related matters, and other activities. It must also have a time-sharing schedule for the parents and child and describe the methods and technologies that the parents will use to communicate with the child (such as email, phone, etc.).

In creating the plan, the parents' relationship, any history of domestic violence, and other relevant factors must be taken into consideration. A parenting plan can be developed and agreed to by the parents and approved by the judge. The judge may decide to make his/her own parenting plan if s/he does not approve of the plan agreed to by the parents , or if the parents cannot agree on a parenting plan. In these cases, the judge will create the parenting plan after hearing evidence and testimony from both parents.

Is the Age and Sex of Child a Reason to Deny Overnight Contact?

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708 East Atlantic Boulevard    Telephone:  (954) 788-1355
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Per Florida Statute §61.13 (7), if the court orders that parental responsibility, including visitation, be shared by both parents, the court may not deny the noncustodial parent overnight contact and access to or visitation with the child solely because of the age or sex of the child.

Is having HIV a Relevant Factor for Child Custody, Visitation, or Shared Parenting

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708 East Atlantic Boulevard    Telephone:  (954) 788-1355
Pompano Beach, Fl 33060    Facsimile:  (954) 788-1357

Per Florida Statute §61.13 (6), in any proceeding under this section, the court may not deny shared parental responsibility, custody, or visitation rights to a parent or grandparent solely because that parent or grandparent is or is believed to be infected with human immunodeficiency virus; but the court may condition such rights upon the parent's or grandparent's agreement to observe measures approved by the Centers for Disease Control and Prevention of the United States Public Health Service or by the Department of Health for preventing the spread of human immunodeficiency virus to the child.

Is Failure to Pay child Support gounds for Refusal to Allow Contact/Visitation?

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708 East Atlantic Boulevard    Telephone:  (954) 788-1355
Pompano Beach, Fl 33060    Facsimile:  (954) 788-1357

Per Florida Statute §61.13 (4)(a), when a noncustodial parent who is ordered to pay child support or alimony and who is awarded visitation rights fails to pay child support or alimony, the custodial parent shall not refuse to honor the noncustodial parent's visitation rights.

But under §61.13 (4)(b), when a custodial parent refuses to honor a noncustodial parent's visitation rights, the noncustodial parent shall not fail to pay any ordered child support or alimony.

Under §61.13 (5), the court may make specific orders for the care and custody of the minor child as from the circumstances of the parties and the nature of the case is equitable and provide for child support in accordance with the guidelines in s. 61.30.

An award of shared parental responsibility of a minor child does not preclude the court from entering an order for child support of the child.

Shared Parental Responsibility and Primary Residence Determination Factors

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708 East Atlantic Boulevard    Telephone:  (954) 788-1355
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Pursuant to Florida Statute §61.13 (3), for purposes of shared parental responsibility and primary residence, the best interests of the child shall include an evaluation of all factors affecting the welfare and interests of the child, including, but not limited to:

(a) The parent who is more likely to allow the child frequent and continuing contact with the nonresidential parent.

(b) The love, affection, and other emotional ties existing between the parents and the child.

(c) The capacity and disposition of the parents to provide the child with food, clothing, medical care or other remedial care recognized and permitted under the laws of this state in lieu of medical care, and other material needs.

(d) The length of time the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity.

(e) The permanence, as a family unit, of the existing or proposed custodial home.

(f) The moral fitness of the parents.

(g) The mental and physical health of the parents.

(h) The home, school, and community record of the child.

(i) The reasonable preference of the child, if the court deems the child to be of sufficient 

intelligence, understanding, and experience to express a preference.

(j) The willingness and ability of each parent to facilitate and encourage a close and continuing parent-child relationship between the child and the other parent.

(k) Evidence that any party has knowingly provided false information to the court regarding a domestic violence proceeding pursuant to s. 741.30.

(l) Evidence of domestic violence or child abuse.

(m) Any other fact considered by the court to be relevant.

Shared Parenting Child Custody Law

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Edward J. Chandler, P.A.

708 East Atlantic Boulevard    Telephone:  (954) 788-1355
Pompano Beach, Fl 33060    Facsimile:  (954) 788-1357

Pursuant to Florida Statute §61.13 (2)(b)2, the court shall order that the parental responsibility for a minor child be shared by both parents unless the court finds that shared parental responsibility would be detrimental to the child. Evidence that a parent has been convicted of a felony of the third degree or higher involving domestic violence, as defined in s. 741.28 and chapter 775, or meets the criteria of s. 39.806(1)(d), creates a rebuttable presumption of detriment to the child.

If the presumption is not rebutted, shared parental responsibility, including visitation, residence of the child, and decisions made regarding the child, may not be granted to the convicted parent. However, the convicted parent is not relieved of any obligation to provide financial support.

If the court determines that shared parental responsibility would be detrimental to the child, it may order sole parental responsibility and make such arrangements for visitation as will best protect the child or abused spouse from further harm. Whether or not there is a conviction of any offense of domestic violence or child abuse or the existence of an injunction for protection against domestic violence, the court shall consider evidence of domestic violence or child abuse as evidence of detriment to the child.

Florida Child Custody Determinations, Best Interest of the Child, and UCCJE

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Edward J. Chandler, P.A.
708 East Atlantic Boulevard    Telephone:  (954) 788-1355
Pompano Beach, Fl 33060    Facsimile:  (954) 788-1357

Pursuant to Florida Statute §61.13 (2)(b)1, the court shall determine all matters relating to custody of each minor child of the parties in accordance with the best interests of the child and in accordance with the Uniform Child Custody Jurisdiction and Enforcement Act.

It is the public policy of this state to assure that each minor child has frequent and continuing contact with both parents after the parents separate or the marriage of the parties is dissolved and to encourage parents to share the rights and responsibilities, and joys, of childrearing.

After considering all relevant facts, the father of the child shall be given the same consideration as the mother in determining the primary residence of a child irrespective of the age or sex of the child.

When does Florida have Jurisdiction to Determine Child Custody?

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Edward J. Chandler, P.A.

708 East Atlantic Boulevard    Telephone:  (954) 788-1355
Pompano Beach, Fl 33060    Facsimile:  (954) 788-1357

When does Florida have Jurisdiction to Determine Child Custody?
Pursuant to Florida Statue §61.13 (2)(a), the court shall have jurisdiction to determine custody, notwithstanding that the child is not physically present in this state at the time of filing any proceeding under this chapter, if it appears to the court that the child was removed from this state for the primary purpose of removing the child from the jurisdiction of the court in an attempt to avoid a determination or modification of custody.

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Law Offices
of
Edward J. Chandler, P.A.

708 East Atlantic Boulevard    Telephone:  (954) 788-1355
Pompano Beach, Fl 33060    Facsimile:  (954) 788-1357