CHILD CUSTODY, PARENTAL

RESPONSIBILITY AND TIME-SHARING (VISITATION)

Faulkner Legal Group, P.A., an Orlando divorce law firm, handles a variety of divorce related issues in the Orlando, Central Florida and surrounding areas as well as the State of Florida as a whole.  As an Orlando divorce lawyer, attorney David A. Faulkner represents clients with regard to Florida divorce related child custody and parental responsibility issues.

CHILD CUSTODY GENERALLY

The phrase "child custody" is really an general term for two more specific areas of concern; parental responsibility and the actual physical location of the parties' minor children.  Those two specific areas of concern regarding minor children in a divorce case must be treated separately.

PARENTAL RESPONSIBILITY GENERALLY

The phrase "parental responsibility" refers to which parent makes the major decisions regarding the minor children.  There are essentially three types of parental responsibility; shared parental responsibility, sole or ultimate parental responsibility and a mixture of the first two types.


SHARED PARENTAL RESPONSIBILITY

Parents who have shared parental responsibility of their minor children (as the phrase suggests) share in the decisions regarding the minor children's upbringing.  Thus, the parents share equally as to all major decisions concerning the minor children such as issues regarding their religion, healthcare, extra-curricular activities, discipline, education and a host of other important aspects of child rearing.  Each parent is entitled to remain informed as to their minor children's developmental, educational, health and other areas of well-being.  If the parents disagree as to such a major issue regarding their minor children, then a judge may have to decide the dispute.  

SOLE/ULTIMATE PARENTAL RESPONSIBILITY

In contrast to shared parental responsibility, sole parental responsibility (sometimes referred to as "ultimate decision making authority") is very one sided.  One parent makes all the major decisions regarding the minor children.  The other parent has no decision making authority.

Sole parental responsibility is rarely ordered.  Unless the parties agree to sole parental responsibility, the court must make a specific finding of fact that shared parental responsibility would be detrimental to the minor children.  Sole parental responsibility may be ordered, for example, in cases where one of the parents has been abusive to the minor children.

MIXED PARENTAL RESPONSIBILITY

The third type of parental responsibility is a mixture of shared and sole parental responsibilities.  In such a case, the court may order that the parents have shared parental responsibility on most subjects, but as to one or more specific subjects one of the parents will have sole parental responsibility.  For example, a court may order that one of the parents have sole parental responsibility as to the minor children's education related issues while maintaining shared parental responsibility for all other subjects.  Of course, a court would have to justify such a result, as sole parental responsibility is disfavored.  

WHERE ARE THE CHILDREN PHYSICALLY RESIDING (Time-Sharing/Visitation)

The other aspect of the phrase "child custody" involves the physical whereabouts of the minor children at any given time.  This is commonly referred to a visitation or, more recently because of changes in the law, time-sharing.  There are many ways to divide parents' time-sharing with the minor children.  For example, there is rotating time-sharing where the parents spend relatively equal time with the minor children.  There are also more "traditional" arrangements where one parent has the minor children the majority of the time and the other parent has time-sharing every-other-weekend, with shared holidays and extended time over the summer and/or during other school related breaks.  There are also time-sharing schedules that, although not rising to the level of equal time-sharing, constitute "substantial time-sharing."  Such a substantial time-sharing schedule can significantly effect the amount of child support a parent must pay to the other parent.  Such substantial time-sharing is measured in terms of overnight time-sharing.  Due to recent changes in the law, twenty percent of the overnights (73) constitutes "substantial time-sharing" such that a reduction in child support to be paid is usually warranted.  The more overnights above 73, the more discount in child support is applied.  


WHERE TO GET LEGAL HELP?

If you have a Florida divorce related child custody issue you need help with, then contact Faulkner Legal Group, P.A. so that Orlando Divorce lawyer David A. Faulkner can inform you of your legal rights.  Call today.