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In Florida, child custody–referred to as “parental responsibility”–can be a significant and emotionally charged issue during divorce proceedings. Decisions surrounding parenting responsibilities, time-sharing, and family structure can shape the future of everyone involved, especially children. In some cases, one parent may seek “sole custody,” or what Florida law now refers to as “sole parental responsibility.” But what does this mean, and what steps can a parent take to increase their chances of obtaining sole parental responsibility? Keep reading for the answers from the Orlando Family Team.
Does Sole Custody Exist in Florida?
“Sole custody” as a legal term is no longer used in Florida. However, sole parental responsibility still exists, albeit under strict conditions. In cases where one parent is deemed unfit or unsafe for the child, the court may grant the other parent sole parental responsibility, giving them full decision-making authority without the need for consultation. This arrangement, though, is rare and only ordered when it aligns with the child’s best interests—a principle that underpins all child custody rulings in Florida.
Legal Standards for Sole Parental Responsibility
Florida Statute §61.13 governs custody and parental responsibility determinations in the state. Under this law, courts are mandated to prioritize the child’s best interests, often encouraging both parents to participate actively in the child’s life. Sole parental responsibility is generally granted only under exceptional circumstances, typically when evidence proves that one parent poses a significant risk to the child’s safety or well-being.
Some specific grounds that can justify awarding sole parental responsibility include:
- Criminal Convictions: A parent convicted of a third-degree felony or higher, especially if it involves domestic violence, may be considered unfit.
- Substance Abuse: Evidence of habitual substance abuse or alcoholism that compromises a parent’s ability to care for the child can weigh heavily in favor of the other parent obtaining sole responsibility.
- Mental Health and Neglect: If a parent has mental health issues that impair their capacity to make sound decisions for the child, or if there’s a history of neglect or abusive behavior, this can also be grounds for sole responsibility.
Steps to Maximize the Chances of Obtaining Sole Parental Responsibility
While the threshold for sole parental responsibility in Florida is high, there are steps a parent can take to improve their chances of securing this arrangement. Here are several actions that can help:
- Document Unsafe or Unfit Behavior: Courts require substantial evidence to rule one parent unfit, so gather any available documentation. This might include police reports, medical records, or witness statements about unsafe behavior. Written records of abuse, neglect, or other dangerous conduct are essential to support a case for sole parental responsibility.
- Demonstrate a Stable Environment: Courts seek to place children in a stable, supportive home. Parents can improve their standing by providing a stable, nurturing environment for the child, which may include proof of consistent employment, stable housing, and a reliable family and friends support network.
- Engage in Co-Parenting Efforts (if Safe and Appropriate): Attempting to work with the other parent to co-parent–even if ultimately unsuccessful–can strengthen a case. Demonstrating a willingness to cooperate, provided it’s safe, underscores a commitment to the child’s best interests, a top priority for the court.
- Seek Professional Evaluations: If there are allegations of substance abuse or mental health issues, requesting a professional evaluation can provide valuable, objective evidence. Psychological evaluations or assessments by substance abuse professionals can offer insight into whether the other parent poses a risk to the child’s well-being.
- Work with a Family Law Attorney: Securing legal representation is critical in custody cases, particularly for those seeking sole parental responsibility. An experienced family law attorney can guide you through the documentation process, represent you in court, and help you build a compelling case based on Florida’s legal standards.
Shared Parental Responsibility: The Standard in Florida
In most cases, Florida courts favor shared parental responsibility, wherein both parents retain the right to make significant decisions regarding the child’s welfare. Shared responsibility requires mutual agreement on major decisions affecting the child’s education, health, and general well-being, fostering a cooperative co-parenting environment.
Seeking Legal Guidance for Custody Matters
For parents navigating child custody in Orlando, working with a knowledgeable family law attorney can make a substantial difference. The experienced attorneys at Orlando Family Team are dedicated to protecting the interests of you and your child. Whether you’re seeking guidance on parental responsibility or need support through the custody process, we’re here to help. Contact us today to learn more about your options for securing your child’s future.
