Child Custody
Parental Responsibility
As of October 1, 2006, Florida courts no longer designate parents as being either a primary
residential parent, or a secondary residential parent. In addition, the law no longer states that either parent shall have “custody”
of a child. The Court now establishes a parenting plan and a time sharing schedule for each parent to have the child (Florida Statute Section 61.13).
The parenting plan is a document created to oversee the relationship between separated parents and their minor children and must contain a time sharing schedule. The parenting plan should cover a wide range of issues including the child’s education and healthcare, among other issues (Florida Statute Section 61.046(14)).
Shared Parental Responsibility vs. Sole Parental Responsibility
In most cases, parents are awarded shared parental responsibility of their children. This means that both parents retain full parental rights and responsibilities for their children and must discuss any major decisions affecting the child’s welfare, with each other. However, in some cases, “sole parental responsibility” is awarded to one of the parents only, meaning they will be the only parent making decisions regarding the welfare of the child.
Guardian Ad Litem
In some cases, the Court will appoint a guardian ad litem to act as an investigator and advocate for the best interest of the child. In Florida, a guardian ad litem is typically a licensed attorney that completes an evaluation and offers recommendations to the Court with regards to the parenting plan and time sharing schedule, based on the best interests of the child(ren).
Social Investigation
Similar to guardian ad litem, the Court may order a social investigation into all of the pertinent details relating to the child and each parent. All information uncovered in the investigation will be considered by the Court in making a decision about the parenting plan. A social investigation is typically conducted by a qualified staff of the Court, child-placement agency, psychologist, clinical social worker, marriage and family therapist, or mental health counselor.
Parenting Coordination
In high conflict cases, in which both parents cannot come to agreement on major decisions affecting the child, parent coordination may be ordered by the Court. The Court will appoint a parenting coordinator to assist in the resolution of disputes concerning the parenting plan. The primary goal of the parenting coordinator will be to help the parents develop strategies for minimizing conflict, disengaging from each other, and keeping the children away from the parents’ disputes.