In Florida family law, the concept of “custody” has evolved significantly. Today, courts focus on two separate yet related concepts: “parental responsibility” and “time-sharing.” While time-sharing refers to the physical time each parent spends with the child, parental responsibility deals with the authority to make important decisions about the child’s upbringing.
Parental responsibility encompasses major decisions in areas such as:
- Education
- Health care
- Religious upbringing
- Extracurricular activities
- Discipline and behavioral issues
Florida law presumes that both parents should share parental responsibility unless it would be detrimental to the child. This presumption reflects the court’s belief that children benefit from the active involvement of both parents. A skilled Tampa divorce attorney can help parents understand how this principle applies in real-world disputes and how to advocate for a parenting plan that aligns with their child’s needs.
Types of Parental Responsibility in Florida
Florida law recognizes three primary types of parental responsibility:
- Shared Parental Responsibility
Both parents retain full parental rights and responsibilities. They must confer and jointly make decisions concerning their child’s welfare. - Shared Parental Responsibility with Ultimate Decision-Making Authority
The parents still consult with one another, but one parent is given final authority if disagreements arise in specific areas. - Sole Parental Responsibility
One parent is granted exclusive decision-making authority because shared decision-making would be harmful or impractical, usually due to abuse, neglect, or extreme conflict.
Courts typically begin with the presumption of shared parental responsibility, but this presumption can be rebutted with sufficient evidence. A Tampa divorce attorney will gather documentation, expert testimony, or witness affidavits to demonstrate whether shared or sole responsibility serves the child’s best interests.
Legal Standards Under Florida Statutes §61.13
Florida Statutes §61.13 outlines how courts should evaluate parental responsibility and time-sharing arrangements. The statute lists numerous factors that judges consider when determining what serves the child’s best interests, including:
- Each parent’s willingness to foster a close relationship between the child and the other parent
- The ability of each parent to put the child’s needs ahead of their own
- The mental, emotional, and physical health of each parent
- The home, school, and community record of the child
- Evidence of domestic violence, substance abuse, or child abuse
Parental responsibility is not determined by who earns more money, who is the primary caregiver, or who has temporary majority time-sharing. The court’s inquiry is forward-looking and focused on the child’s long-term well-being. A Tampa divorce attorney can help clients frame the evidence in a way that aligns with these statutory factors.
How Parental Responsibility Differs from Time-Sharing
Although many parents use the term “custody” loosely, parental responsibility and time-sharing serve different purposes in Florida family law. Understanding this distinction is critical for crafting an effective parenting plan.
- Parental Responsibility = Who makes the decisions.
- Time-Sharing = When each parent has the child in their care.
It is possible for parents to share time roughly equally while one parent holds sole parental responsibility, or vice versa. These arrangements are often based on the unique needs of the family, including communication abilities, conflict resolution, and the presence of any risk factors.
A Tampa divorce attorney will tailor each parenting plan to reflect the client’s strengths, the child’s specific needs, and the practical realities of co-parenting.
Shared Parental Responsibility in Practice
When the court awards shared parental responsibility, both parents are legally obligated to confer on major decisions affecting the child. This means regular communication is essential. Topics requiring mutual consent may include:
- School choice and education plans
- Medical care, surgeries, or mental health treatment
- Religious observance and participation
- Disciplinary approaches
Minor day-to-day decisions, such as bedtimes or meals, are typically left to the parent who has the child at the time. But when it comes to key life choices, a parent who acts unilaterally—without informing or consulting the other—may be held in contempt of court.
A Tampa divorce attorney can advise clients on how to remain in compliance with these responsibilities and document their cooperation in case of future disputes.
When Shared Responsibility Becomes Problematic
Although shared parental responsibility is presumed to be in the child’s best interests, it can be problematic in certain scenarios:
- High-conflict relationships: Constant arguing prevents effective decision-making.
- Lack of communication: One parent is unreachable or refuses to cooperate.
- Abuse or neglect: Shared authority puts the child in harm’s way.
- Substance abuse: A parent’s judgment is impaired.
- Mental health instability: A parent is unable to fulfill their responsibilities due to untreated mental illness.
In these cases, the court may order shared parental responsibility with ultimate decision-making authority assigned to one parent in a specific area. For example, a court might allow both parents to participate in decisions, but grant one parent the final say in medical matters.
Alternatively, the court may award sole parental responsibility altogether. A Tampa divorce attorney can present the evidence necessary to support either outcome, depending on the client’s goals and the facts of the case.
Sole Parental Responsibility: Rare but Critical
Sole parental responsibility is only granted when shared responsibility would be detrimental to the child. It does not reflect a parent’s desire for control or convenience; rather, it is reserved for extreme circumstances, such as:
- A history of child abuse or domestic violence
- Active addiction or untreated mental illness
- A total breakdown in communication
- Criminal activity or incarceration
Sole responsibility allows one parent to make all major decisions for the child without consulting the other. It is not the same as terminating parental rights; the non-responsible parent may still have time-sharing unless the court also finds that visitation would be harmful.
Courts do not award sole parental responsibility lightly. A Tampa divorce attorney must provide compelling, admissible evidence—often including professional evaluations, police reports, or child protective investigations—to justify this departure from the norm.
The Role of Parenting Plans in Establishing Responsibility
Florida requires all custody orders to be accompanied by a detailed parenting plan. The parenting plan must clearly specify:
- The type of parental responsibility arrangement
- The time-sharing schedule
- Methods of communication between parents and with the child
- Designations for education and healthcare decision-making
Parenting plans must be approved by the court, and once entered, they carry the force of law. If either parent fails to comply, the other can file a motion for enforcement or contempt.
A Tampa divorce attorney drafts and negotiates parenting plans to reflect the client’s priorities while complying with Florida law. The more detailed and customized the plan, the fewer disputes arise in the future.
Parental Responsibility and Relocation
When a parent seeks to relocate with the child more than 50 miles away for more than 60 days, parental responsibility plays a key role. Even if one parent has majority time-sharing, relocation usually requires either:
- Written consent from the other parent, or
- Court approval after a formal petition
If the parents share parental responsibility, both must agree to the relocation, or the moving parent must prove that the move is in the child’s best interests. Courts evaluate:
- The child’s relationship with each parent
- The impact on the child’s development and well-being
- The feasibility of maintaining time-sharing
- The reasons for the move (employment, safety, etc.)
A Tampa divorce attorney can advise whether the parental responsibility framework supports or hinders a relocation request and how to argue for the preferred outcome.
Modifying Parental Responsibility After Final Judgment
Parental responsibility is not necessarily permanent. A final judgment may be modified if there is:
- A substantial, material, and unanticipated change in circumstances
- A showing that modification would serve the child’s best interests
Common reasons for modification include:
- New evidence of abuse or neglect
- Mental health decline or addiction relapse
- Incarceration of one parent
- Willful refusal to cooperate or communicate
The burden of proof for modifying parental responsibility is high. The petitioning parent must present clear evidence that the existing arrangement no longer protects or supports the child’s welfare. A Tampa divorce attorney will prepare such petitions with care, focusing on both the legal standard and the practical realities involved.
The Impact of Parental Responsibility on Education and Healthcare
Parents with shared parental responsibility must agree on schooling and medical issues. Disputes may arise over:
- Public vs. private school
- Home-schooling or special education services
- Vaccinations or elective procedures
- Mental health treatment or therapy
If parents cannot agree, and neither has ultimate decision-making authority, the court may need to resolve the conflict directly. This can result in a modification of the parenting plan or a specific order granting temporary authority.
A Tampa divorce attorney can help present evidence supporting a particular school, treatment plan, or intervention that is in the child’s best interest.
Parental Responsibility and Extracurricular Activities
Although extracurricular activities may seem minor, they often become points of contention—especially when activities conflict with a parent’s time-sharing or impose financial burdens.
Shared parental responsibility requires both parents to agree on:
- Enrolling the child in time-consuming or expensive activities
- Participation in religious or ideological organizations
- Travel or competitive events requiring absence from school
Unilateral decisions can lead to disputes, motions for contempt, or claims that the parent is undermining co-parenting efforts.
A Tampa divorce attorney may include clear provisions in the parenting plan about extracurricular decision-making to prevent future arguments and ensure fairness.
Handling Parental Responsibility Disputes During Litigation
During ongoing divorce or paternity litigation, the court may issue temporary orders regarding parental responsibility to stabilize the situation until a final hearing. These orders:
- Preserve the child’s routines
- Prevent unilateral decision-making
- Clarify each parent’s authority and obligations
Temporary orders are enforceable and can later influence the final judgment. If a parent violates a temporary parenting plan or behaves irresponsibly, it can negatively impact their credibility in court.
A Tampa divorce attorney will ensure that clients follow all temporary orders, document all communications, and build a strong evidentiary record for final trial if necessary.
Using Mediation to Resolve Responsibility Disputes
Florida courts require mediation in most custody disputes, including disagreements over parental responsibility. Mediation allows parents to:
- Propose customized decision-making arrangements
- Resolve communication breakdowns
- Create a mutually agreeable parenting plan
Mediation can be especially helpful when shared parental responsibility is possible but needs structure to succeed. Agreements made in mediation can be filed with the court and incorporated into the final judgment.
A Tampa divorce attorney helps prepare clients for mediation by identifying priorities, drafting proposed language, and ensuring that any agreements reached are legally enforceable and comprehensive.
Contempt and Enforcement of Parental Responsibility Provisions
If a parent unilaterally makes major decisions without input from the other parent—or refuses to cooperate with shared decision-making—they may be held in contempt of court.
To enforce the parental responsibility provisions of a parenting plan, a parent may:
- File a motion for contempt
- Request attorney’s fees
- Seek a modification of the parenting plan
- Request a parenting coordinator or guardian ad litem
A Tampa divorce attorney can guide the enforcement process, gather the necessary evidence, and present a strong case to the judge.
Parental Responsibility in Cases Involving Domestic Violence
When domestic violence is present, courts may award sole parental responsibility to protect the child and the victimized parent. Evidence of abuse—physical, emotional, or psychological—can rebut the presumption of shared parental responsibility.
The court may also issue:
- Injunctions for protection (restraining orders)
- Orders for supervised time-sharing
- Prohibitions against decision-making authority for the abuser
In these high-stakes cases, safety is the paramount concern. A Tampa divorce attorney will take swift legal action to ensure the well-being of both the child and the abused parent while securing custody terms that prevent further harm.
FAQ: Understanding Parental Responsibility in Florida
What is parental responsibility in Florida?
Parental responsibility refers to the authority to make major decisions about a child’s life, including education, healthcare, religion, and other significant matters.
Is shared parental responsibility the same as 50/50 custody?
No. Shared parental responsibility means both parents make decisions together. Time-sharing refers to the physical custody schedule and may or may not be equal.
Can I get sole parental responsibility in Florida?
Yes, but only if shared responsibility would be harmful to the child. Courts require strong evidence of abuse, neglect, addiction, or extreme conflict.
What happens if the other parent makes decisions without my input?
This may violate your parenting plan. You can file a motion for contempt or seek a modification of the parental responsibility arrangement.
Can parental responsibility be modified after the divorce is finalized?
Yes, if there has been a substantial and unanticipated change in circumstances and modification is in the child’s best interests.
Do we both have to agree on school and medical issues?
If you share parental responsibility, yes. Disagreements may need to be resolved through court or mediation.
What is ultimate decision-making authority?
This allows one parent to make the final call on specific issues if both parents cannot agree, even though both still participate in the decision-making process.
Does parental responsibility affect relocation?
Yes. A parent with shared parental responsibility must obtain consent or court approval to relocate the child more than 50 miles for over 60 days.
Can parenting plans assign different types of responsibility to different issues?
Yes. One parent might have final say on education, while the other has final say on healthcare. These terms must be approved by the court.
Should I hire a Tampa divorce attorney for a parental responsibility case?
Yes. Parental responsibility disputes require a deep understanding of Florida family law, careful drafting of parenting plans, and strategic courtroom advocacy.
The McKinney Law Group: Tampa Divorce Attorneys Guiding You Step by Step
At The McKinney Law Group, we make the divorce process as clear and manageable as possible. If you’re in Tampa and unsure of where to begin, we’ll guide you from start to finish with reliable, responsive legal support.
We help with:
✔ Understanding what to expect during divorce
✔ Preparing and filing all required court documents
✔ Reaching fair agreements on property and support
✔ Building custody plans that prioritize your child’s best interests
✔ Resolving issues efficiently, with compassion and clarity
Call 813-428-3400 or email [email protected] to schedule your Tampa divorce consultation.