When parents divorce, they often use the word “custody” to describe both who makes decisions for a child and where the child lives. Florida family law, however, separates these into two concepts: parental responsibility and time-sharing.
Understanding the difference between these two things can make parenting plan negotiations much clearer. Both have to be allocated based on the child’s best interests.
Parental responsibility covers important decisions
Parental responsibility involves each parent’s rights and responsibilities for their child’s upbringing. It confers major decision-making authority over things like:
- Education and school enrollment
- Medical care, including vaccines and mental health care
- Religious instruction and attendance
- Participation in extracurricular activities
Shared parental responsibility is generally preferred, regardless of which parent has the child in their care. This means the parents must discuss all major issues and make decisions as a unit – although each may be able to act independently on minor issues or in emergencies.
In some cases, shared parental responsibility is not appropriate, particularly when domestic violence is involved or the parents cannot work together. In other cases, the court may decide to give one parent full control over a specific area, such as the child’s education or medical care. That often happens when the parents are completely opposed to each other’s wishes for the child and the court believes it is better to put one parent in charge.
Time-sharing governs the child’s schedule
Time-sharing describes how much time the child spends with each parent. This is usually established through a set schedule and may involve trading off holidays, vacations and similar breaks.
Florida considers equal time-sharing to be in a child’s best interests, subject to rebuttal based on the child’s needs, the parents’ ability to work together, the distance between homes and other factors. Parents might share responsibility for major decisions even when the child spends substantially more time in one home. Conversely, parents may have relatively equal time-sharing even if one parent has final authority over a specific issue.
It’s important to remember that these two types of custody are not tied together. A parent can share parental responsibility even though one parent has the child in their care most of the time. Conversely, time-sharing could be fairly equal, but one parent may have most of the responsibility for major decisions involving the child. A child custody attorney can help you negotiate for what you want and protect your child’s interests.