Parental Responsibility in Florida – Coral Gables Family Law Attorneys
Serving Miami, Coral Gables and all South Florida
Parents should share parental responsibility after divorce or separation — unless it is proven that shared responsibility could be detrimental to the child.
Regardless of how difficult your divorce or paternity action may be, you are a parent; therefore, you want what is best for your child and Florida has strict statutory provisions to prevent parents from using their emotions or attempts to hurt the other parent by interfering with the other parent’s right to timesharing and shared parental responsibility.
Custody and Parental Responsibility
In Florida, courts no longer use the term “custody” and instead focus on “parental responsibility”. In today’s divorce or paternity action, neither parent is awarded “custody” of their child; instead, parental responsibility is assigned by the courts — either shared or sole — and ties into a parenting plan which will include a timesharing schedule.
When parental responsibility is established and a time-sharing agreement is made, certain issues must be addressed, such as:
- Where the child will live the majority of the time
- How often the child will spend time with the other parent
- Specific parental responsibilities that are assigned to one or both parents
- How child support will be determined based on the parental responsibility assignments
Generally, courts award sole or shared parental responsibility. Regardless of which status is awarded, the courts do ensure that children see both parents continually and frequently post-divorce or separation.
Filing Your Petition for the Establishment of a Parental Plan and Timesharing Schedule
How you file for custody (parental responsibility) depends on special circumstances surrounding your case. Parental responsibility can also be established even if you and your child’s other parent are not married.
The courts consider numerous factors when establishing a parenting plan and timesharing schedule. Items like child abuse or domestic violence will also be considered. Some items that may be considered when determining parental responsibility include:
- How capable each parent is to continue their relationship with their child
- How parental responsibilities should be divided;
- The ability of each parent to meet their child’s needs
- Which home may be more stable and suitable for the child to live in
- Whether one parent has shown signs of neglect or abuse
- The ability of each parent to meet their child’s future developmental needs
- How each parent is able to communicate with one another and their child(ren)
- And, possibly the preference of the child
Contact the Family Law Attorneys at Estevez-Pazos Law Firm Today
If you need assistance with issues involving shared parental responsibility, or you are seeking sole parental responsibility, the Estevez-Pazos Law Firm can help. Call today for an initial consultation 305-717-7130.
Coral Gables family law attorneys Serving Miami area from our offices at 1541 Sunset Drive, Coral Gables, FL 33143 .