Find Out About The Meaning Of Shared Parental Responsibility Of Children In Divorce

Posted by Relationship Expert on January 20, 2010

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The legal definition of “shared parental responsibility” is a court ordered relationship with which both husband and wife retain full parental rights and responsibilities with respect to their child and in which both parents confer with each other so that the major decisions affecting the welfare of the child will be determined jointly. Shared parental responsibility is unique to the State of Florida. Shared Parental Responsibility is divided into rights and responsibilities in (1) decision making, and (2) where the child lays his or her head at night more of the time. Decision –making is presumed to be jointly. Primary physical residence is a separate issue.

Effective October 1, 2008, Florida law requires that a parenting plan must be prepared for every non-support case involving minor children, divorce included. A parenting plan is a document created to govern the relationship between parties relating to the decisions that must be made regarding the minor child. It must contain a time-sharing schedule for the parents and child. The parenting plan must be developed and agreed to by the parents and approved by a court, or if the parents can not agree, established by the court.

Effective October 1, 2008, the terms “custodial parent”, “primary residential parent”, “noncustodial parent”, and “visitation” were stricken as defined terms. “shared parental responsibility”, “ultimate responsibility”, and “sole parental responsibility” still exist as defined terms. Instead “custody”, the term to is “parenting”. Instead of “custody litigation” , the term to use is “parenting litigation”. Instead of “visitation” or contact and access”, the term to use is “time-sharing”. Instead of “primary residence” the term to use is “time-sharing more of the time”.

The new statutory changes place the initial burden upon the parents to work together to create a document called a parenting plan, to govern the relationship between parties, related to (1) legal shared parenting, the decisions that must be made regarding the minor child, and (2) physical shared parenting, the time-sharing schedule for the parents and the child.

 The legal shared parenting issues addressed in the parenting plan my include, but not limited to, the following:
 How the parents will share and be responsible for the daily tasks associated with the upbringing of the child.
 Education and school related matters
 Health care
 Physical, social and emotional wellbeing.
 Other activities
 Methods and technologies that the parents will use to communicate with the child.

Any parenting plan developed by the parents and approved by the judge must at a minimum, describe in adequate detail how the parents will share and to be responsible for the daily tasks associated with the upbringing of the child, the time-sharing schedule arrangements that specify the time that the minor child will spend with each parent, a designation of who will be responsible for any matters, other activations, and the methods and technologies that the parents will use to communicate with the child.

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