Legal Question in Family Law in Florida

Shared Parental Responisibility

My divorce decree states we are to have shared parental repsonisibility. What exactly does this mean? I have only found one website for a lawyer which states that it means the parents should thoughtfully discuss all decisions pertaining to the child and if an agreement cannot be reached them the primary residential parent has the final say.

With my ex husband due to dv and abuse issues, we can never come to an agreement. Do I have final say since I am primary residential parent? Our court order was prepared before the recent change in state statutes.


Asked on 10/21/08, 1:51 pm

1 Answer from Attorneys

Brent Rose The Orsini & Rose Law Firm

Re: Shared Parental Responisibility

You found a bad website. Shared parental responsibilty means that you both must decide and agree together on such issues as schooling, religion, doctors, etc. It does NOT mean that, when parties disagree, the primary residential parent has the final say. If it were so, the primary parent could just say, "I disagree," then just make the decision every time.

In fact, this concept was so misunderstood by nonlawyers (and some lawyers, as you obviously found) that the term "primary residential parent" now no longer exists in the Florida custody statute, as you know.

Your duty is to come to an agreement, just as married parents must do. It's not always easy, but it's the best thing for the children. If you continue to fight, I suggest you find a mediator, a parenting coordinator, or take a "high conflict parenting" course. No parent has "veto power" over the other.

Feel free to find that lawyer's website again and tell him or her to stop spreading misinformation. You can cite me as your source and have him or her call me. I hate when lawyers give bad advice.

Read more
Answered on 10/21/08, 11:05 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Florida