Posted by Nydia Streets of Streets Law in Florida Child Custody
Shared parental responsibility in Florida is routinely awarded unless a parent can show having shared parental responsibility is detrimental to a child. There is also the option of awarding shared parental responsibility, but granting ultimate decision making authority to one parent. This issue was appealed in the case Glevis v. Glevis, 2D19-4530 (Fla. 2d DCA January 15, 2021).
The trial record indicates that throughout the parties’ marriage, there was effort by the former husband to support the former wife and their child despite multiple periods of disappearance by the former wife and the former wife’s false allegations of domestic violence against the former husband. At some point during the proceedings, the former wife absconded with the parties’ child, and the former husband was awarded exclusive timesharing with the former wife receiving supervised visits. Ultimately, the general magistrate awarded the parties shared parental responsibility with ultimate decision making awarded to the former husband and no holiday timesharing for the former wife. The former wife appealed.
The appellate court affirmed the court’s decision to award supervised visits to the former wife. However, it reversed on the issues of parental responsibility and holiday timesharing. The court held “Read together, the two paragraphs suggest that the magistrate determined that shared parental responsibility is in the best interest of the child except when it comes to education and non-emergency health care. Yet the first paragraph grants the Former Husband ultimate decision-making authority over ‘the major decisions concerning the child,’ which ‘includes, but are not limited to, decisions about the child's education, healthcare, and other responsibilities unique to this family.’ The meaning of these paragraphs is not clear, but assuming that our interpretation is correct, such a broad grant of ultimate decision-making authority to the Former Husband would be inconsistent with the award of shared parental responsibility, which ‘contemplates that major decisions affecting the welfare of a child are to be made after both parents confer and reach an agreement.’ Walker v. Walker, 274 So. 3d 1156, 1163 (Fla. 2d DCA 2019) (citing Cranney v. Cranney, 206 So. 3d 162, 164 (Fla. 2d DCA 2016)). ‘By awarding one parent ultimate decision-making authority on issues affecting the child[], the trial court essentially nullifies the award of shared parental responsibility.’ Id. (citing Cranney, 206 So. 3d at 164). Accordingly, we reverse and remand for the trial court to clarify—and, if necessary, to modify—the extent of shared parental responsibility and/or the award of ultimate decision-making authority.”
Next, with regard to holiday timesharing, the appellate court held “In the proposed parenting plan that the Former Wife submitted a few weeks before the hearing, however, she specifically proposed a holiday time-sharing schedule. Moreover, at the hearing before the circuit court on her exceptions to the magistrate's recommendation, the Former Wife objected to the magistrate's failure to address holiday time-sharing, but the circuit court did not remedy that failure. ‘[W]here visitation is ordered, the non-custodial parent's right to the child on rotating holidays has become so routine and necessary that to deny it requires factual findings justifying that decision.’ Todd v. Guillaume-Todd, 972 So. 2d 1003, 1006 (Fla. 4th DCA 2008). Because the court effectively denied the Former Wife holiday time-sharing without the requisite findings, we reverse and remand for further consideration of that matter.”
A Florida child custody matter requires careful consideration of factors which affect the best interest of a child. Schedule a consultation with a Miami child custody lawyer to understand how the law may apply to your case.