An Overview Of Parental Responsibility: Your Guide To The Basics
In this article, you can discover…
- The definition of parental responsibility and what it legally entails.
- How and why parental responsibility is awarded.
- How to resolve disputes around parental responsibility.
What Is Parental Responsibility And How Is It Defined In Florida?
Parental responsibility includes healthcare, religious upbringing, extracurricular activities, and any other responsibilities a court finds unique to a particular family.
As you and your spouse move forward with a divorce, it’s important to understand at length how each party is going to be responsible and to make joint decisions about the care and well-being of your children.
The courts may require shared parental responsibility, meaning that you and your former spouse must share your parental responsibilities and make these decisions for your children equally.
What Are The Rights And Duties Included Under Parental Responsibility?
Under shared parental responsibility, neither you nor your spouse has the right to make major decisions regarding your child’s healthcare, religious upbringing, education, or other factors without consulting the other party.
Courts may sometimes grant one parent ultimate responsibility over certain aspects of the child’s life or may require both parties to share responsibility. The former situation still legally requires discussing the situation with your ex-spouse but gives ultimate decision-making authority to one parent over another.
Courts will decide how to divide parental responsibility in the best interests of the child or children.
What Other Factors Do Courts Consider When Awarding Parental Responsibility?
Shared responsibility is the general decision handed down by the court in most cases. However, this can be altered if the court finds that joint responsibility would be detrimental to the child.
In this case, sole decision-making authority may be awarded to one parent, meaning they would not have to legally discuss their decisions with the other parent. Some factors that might cause a sole decision-making authority to be granted include the threat of domestic violence, sexual abuse, physical abuse, or neglect from the other parent.
If you or your spouse have been legally convicted of domestic violence, that party would not be awarded shared responsibility. Certain sexual offenses would also terminate parental responsibility rights.
Discussing these factors with a seasoned attorney is important; these conversations will allow you to communicate your and your spouse’s backgrounds to your attorney and help you understand what to expect as a parent.
Can Parental Responsibility Orders Be Modified?
A court’s parental responsibility orders can be modified if you or a spouse have been convicted of a major crime since the date of the last order. These crimes typically involve domestic violence or sexual offenses.
When this happens, the other parent may move to legally modify shared parental responsibility. A substantial material and unanticipated change can also permit this modification.
What Are The Best Ways To Resolve A Dispute Over Parental Responsibility?
If you and your spouse find it difficult to agree on how parental responsibilities should be delegated, you may request a parent coordinator. This person is elected by the courts to help you and your former spouse dialogue constructively about responsibilities while advising you on how to work together.
This is a wonderful resource that can help you both hear each other and work together in the best interests of your child or children.
For more information on An Overview Of Parental Responsibility, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (239) 334-4383 today.