Who Makes Educational and Healthcare Decisions for the Child After a Divorce?
Child custody is among the most contentious issues raised in a divorce. In Florida, we use the terms parental responsibility to describe custody or legal decision-making power over the child and timesharing to describe the visitation schedule. The term “parental responsibility” describes which parent has the right to make legal decisions on the child’s behalf. These decisions relate to where they go to school, what type of healthcare they receive, and details concerning their religious upbringing.
The Florida courts generally presume that it is in the best interests of the children to have both parents play an active role in the child’s life. For that reason, the courts will default on awarding joint custody of the children to both parents so that each parent has some say in the child’s upbringing. Similarly, the courts favor equal time-sharing agreements where each parent has a roughly equal amount of time with their children. Unless one parent can prove that the other parent is unfit, the courts will give both parents ample opportunity to raise their children.
Understanding parental responsibility in Florida
Which parent should be making decisions on behalf of their children? The State of Florida presumes that both parents are generally fit and able to make decisions on behalf of their children. This means that the parents would share parental responsibility. In other words, the parents would jointly discuss important aspects of the child’s life including where they go to school, what type of healthcare services they receive, and what type of religious upbringing they have.
Generally speaking, the majority of parents are able to come to a consensus regarding these matters. However, it sometimes happens that the parents cannot agree on much of anything. In these cases, the courts will consider whether or not it is in the best interests of the children to allow one parent to have sole decision-making authority over the children. In other cases, the court may split decision-making power over certain realms. For example, one parent may have decision-making authority over education, while the other has decision-making authority over healthcare.
In some cases, the courts will award sole parental responsibility to one parent. However, the courts tend not to like this arrangement. A situation like this only occurs when one parent is incapable of assisting in the decision-making process regarding the children. There could be multiple reasons for this. They might include allegations of abuse, neglect, or domestic violence. They could also include allegations of an ongoing substance abuse problem. In these cases, the courts will consider awarding sole custody to one parent. The other parent would still have the right to visit the child, although these visits may be supervised.
Talk to a Tampa, FL Child Custody Attorney Today
Westchase Law, P.A. represents the interests of parents in child custody matters. We can help you hammer out a custody agreement during your divorce or modify an existing agreement. Call our Tampa family lawyers today to schedule an appointment, and we can begin discussing your goals right away.
