Posted by Nydia Streets of Streets Law in Florida Child Custody
When a parent is awarded ultimate decision-making authority over children in Florida, what does this mean? This generally means the parent is the sole authority on major decisions regarding the children such as what doctor they see, what school they attend, etc. That parent is required to consult with the other parent, but if the two parents agree, the parent with ultimate decision-making authority gets the final say. This was an issue in the case Louis v. Louis, 4D19-1195 (Fla. 4th DCA July 7, 2021).
In their final judgment of divorce, the former wife was awarded ultimate decision-making authority on major decisions affecting the children, to “include, but [not be] limited to, decisions regarding education, healthcare, and other responsibilities unique to this family.” The former husband appealed, arguing the trial court erred by failing to specify the matters on which the former wife would have ultimate decision-making authority.
The appellate court sided with the former husband on this issue, holding “We agree. Section 61.13(2)(c)2.a., Florida Statutes (2019), requires a circuit court to delineate the ‘specific aspects of the child’s welfare’ over which a parent shall have ultimate responsibility. We have held that a circuit court does not satisfy section 61.13(2)(c)2.a. by using non-specific language such as the language quoted above from the amended bifurcated final judgment.” The court concluded “We remand with instructions for the circuit court to limit the former wife’s ultimate decision-making authority to decisions which the circuit court specifically identifies in a second amended bifurcated final judgment.”
Schedule a consultation with a Miami family law attorney to go over your case and understand how the law may apply.