Posted by Nydia Streets of Streets Law in Florida Child Custody
It is presumed in Florida child custody cases that shared parental responsibility is in the best interest of children. Shared parental responsibility refers to the right of both parents to make decisions affecting the welfare of their children. Both parents must agree on decisions affecting the welfare of the children. If a parent is granted sole parental responsibility, this means only one parent has the right to make decisions. This was an issue in the case De La Fe v. De La Fe, 2D20-2635 (Fla. 2d DCA December 8, 2021).
The parties had two children born of their marriage. After a trial on their divorce case, the court awarded shared parental responsibility to the parents, but also awarded ultimate decision making authority to the former wife. Ultimate decision making is equivalent to sole parental responsibility in that if the parties try to come to a joint decision but do not agree, the parent with ultimate authority is allowed to make the final decision. The former husband appealed.
The appellate court reversed, holding it was error for the trial court to essentially award sole parental responsibility to the former wife without making a required finding that ordering shared parental responsibility would be detrimental to the children. The court held “The trial court abused its discretion by granting Former Wife ultimate decision-making authority without making the statutorily required findings that shared parental responsibility would be detrimental to the children. The trial court may not have appreciated that giving one parent ‘tie-breaking’ authority is tantamount to awarding sole parental responsibility, but the law confirms that this is so.”
If you have questions about your Florida child custody case, schedule a consultation with a Miami family law attorney to discuss them.