The issues relating to custody and shared parenting are determined by a Court in a dissolution of marriage action or a paternity action. The issues of parental responsibility and residential custodian of the minor children are closely related, and are considered jointly by the Courts.
In the great majority of cases, parents have shared parental responsibility for the care, custody and control of a child. Shared parental responsibility is a relationship where both of the parents retain full parental rights and responsibilities with respect to their children. The parties should confer and discuss on such issues as schooling, health, religion, the child's activities and any other issue regarding the welfare of the minor child. These major decisions should be made jointly after a full discussion of each of the parent's concerns.
In a few instances a Court may decide that it is in the best interests of the minor child that the primary residential parent should have sole parental responsibility. Sole parental responsibility means that the responsibility over the minor child is given to only one parent. This parent has the right to make all major decisions regarding the minor child without having to confer with the other parent. The Court can determine that sole parental responsibility is in the best interests of the minor child and still award the non-residential parent visitation rights with the minor child.
Under the current laws of the State of Florida each parent has an equal right to be declared the primary residential custodian of the minor child. The Court will consider what is in the best interests and welfare of the minor child when it determines which parent will be designated the primary residential parent and which will be designated the secondary residential parent. The primary residential parent is the parent with whom the child resides the majority of time and returns to after each visitation with the secondary residential parent. The secondary residential parent has visitation rights.
In general, the Court may consider any factor that affects the welfare of the minor child in determining which parent will be the primary residential parent. The Law contains certain factors which the court must consider in determining the issues of shared parental responsibility and primary physical residence. Some of the factors include which parent is more likely to allow contact between the secondary residential parent and the child; the love, affection, and other emotional ties that exist between the parents and the child; the moral fitness of the parents; and the mental and physical health of the parents. Under certain circumstances, the reasonable preference of the minor child may be taken into consideration.
Issues concerning primary residential parentage and parental responsibility can be extremely complicated. These issues can be highly emotional and it is highly recommended that they should be discussed with an attorney who is familiar with this area of the law. A decision concerning primary residential parentage or parental responsibility which is made quickly can create future heart ache and unnecessary future litigation.
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Chartered Law Offices of
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Winter Park, Florida 32789
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