04 Aug Sole Custody: Sole Parental Responsibility under Florida Law
Frequently Asked Question:
I’m a Miami, Florida resident who wants “sole custody” of my child – I don’t trust the father (or mother) with my son (or daughter).
In the State of Florida, it is public policy to encourage separated or divorced parents to share in the rights and responsibilities of raising their children. (Fla. Stat. §61.13(2)).
“Sole parental responsibility”, which is what most people are referring to when they speak of “sole custody”, is a situation in which one parent has the sole authority to make the decisions with regard to his or her minor child (Fla. Stat. §61.046(17)), and in which the other parent may or may not be granted timesharing (Fla. Stat. §61.13(2)).
As a court order that would grant sole parental responsibility to one of the parents would seem to contradict public policy, the courts typically award it only if it makes the determination that shared parental responsibility would be detrimental to the child.
Do you have any child custody questions? Call a Miami, Florida Family Law Attorney at the Law Offices of Jeffrey Alan Aenlle, PA at +1.786.309.8588. We offer free consultations and will let you know if we can help, or will point you to someone who can.