In Florida, when a couple with minor children divorces, the courts must not only determine the parents’ rights with regard to child support and visitation, but also which parent can make important decisions about how the child will be raised. As explained in a recent Florida ruling, the law dictates that absent evidence that doing so would harm the child in question, the courts must grant equal parental responsibility rights. If you are dealing with a custody dispute, it is wise to talk to a Miami child custody lawyer about what action you can take to safeguard your interests as soon as possible.
It is alleged that in August 2019, the wife initiated legal proceedings to dissolve her marriage. At the time, the couple had two minor children; one is still a minor, while the other has reached the age of majority. In May 2021, the trial court issued a final judgment officially ending the marriage, deferring the resolution of various other matters associated with the dissolution. Subsequently, in 2021, the wife modified her initial petition to request exclusive parental responsibility for the minor child. A consent partial judgment was later reached by both parties and officially sanctioned by the trial court in March 2022. This judgment granted joint parental responsibility.
It is reported that the unresolved issues, primarily involving child support and visitation arrangements, were then brought before the court for trial. The trial court directed both parties to adhere to the previously agreed-upon consent partial judgment and granted joint parental responsibility for the minor child, affirming the shared responsibility aspect of the consent partial judgment. The court also incorporated a comprehensive parenting plan that stipulated shared parental responsibility but granted the wife ultimate decision-making authority concerning the child’s education, academics, and non-emergency healthcare in the event of disagreement between the parties. The husband appealed. Continue reading ›