Child Custody & Parental Responsibility
Florida child custody and parental responsibility representation for parents
Florida child custody cases are decided under a legal framework built around a concept called parental responsibility, which is the authority to make decisions about a child’s upbringing, separate from the day-to-day schedule of where the child lives.
At the Law Offices of E.F. Robinson, P.A., we represent parents throughout Broward, Miami-Dade, and Palm Beach counties in both agreed and contested custody matters, with a focus on outcomes that hold up for the long term.
Parental Responsibility, Explained
Parental responsibility covers decisions about a child’s education, healthcare, religious upbringing, and other major life choices. It is separate from timesharing, which is the physical schedule of when the child is with each parent. A parent can have a smaller share of overnight time and still share fully in these decisions.
- Shared parental responsibility, where both parents make major decisions jointly
- Sole parental responsibility, where one parent makes these decisions alone
- Shared responsibility with one parent given final say over specific areas, such as education or healthcare
Florida law starts from the position that shared responsibility serves most children best, though a court can order sole responsibility when shared decision-making would be harmful to the child.
How Courts Decide What Serves the Child Best
When parents cannot agree, a judge decides custody and parental responsibility based on what serves the child’s best interests. Courts weigh a wide range of factors, including each parent’s ability to encourage a relationship with the other parent, the child’s relationship with each parent, each parent’s mental and physical health, and, where appropriate, the reasonable preference of the child.
Courts generally favor arrangements that keep both parents actively involved in a child’s life. A parent seeking sole parental responsibility should be prepared to show specific reasons why shared decision-making would not serve the child, not simply that the parents disagree often.
When Custody Disputes Become Contested
Most custody matters resolve through negotiation or mediation, but some require litigation, particularly when there are concerns about a child’s safety, a parent’s fitness, or a significant disagreement over major decisions. We prepare every case as though it may be contested, which puts our clients in a stronger position whether the matter settles or goes before a judge.
Custody and Relocation
A proposed move that would significantly affect the other parent’s timesharing can raise both scheduling and decision-making questions. For the schedule-specific side of relocation, see our Timesharing page.
Frequently Asked Questions
Does Florida still use the word “custody”?
The word is still used informally and in everyday conversation, but Florida law now uses “parental responsibility” for decision-making authority and “timesharing” for the physical schedule.
What is the difference between joint and sole custody in Florida?
What most people call joint custody is shared parental responsibility, where both parents participate in major decisions. Sole custody corresponds to sole parental responsibility, where one parent has that authority alone. Either arrangement can be paired with any timesharing schedule.
Can a child decide which parent to live with?
A child does not get to make the final decision, but a court may consider a child’s reasonable preference as one factor among many, particularly as the child gets older.
What if the other parent will not follow the custody order?
A parent who violates a custody or timesharing order can be brought back to court, and a judge has several tools available to address the violation, ranging from adjusting the schedule to contempt proceedings in serious or repeated cases.
The information provided on this page is for general informational purposes only and should not be considered legal advice. Every case is unique, and the application of the law depends on the specific facts and circumstances involved. Viewing this page does not create an attorney-client relationship. Prior results do not guarantee a similar outcome in any future matter. If you need legal advice regarding your situation, contact the Law Offices of E.F. Robinson, P.A. to discuss your case and receive personalized legal guidance.
