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.
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:
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.
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:
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 .