Posted by Nydia Streets of Streets Law in Florida Child Custody
What is shared parental responsibility in Florida? This refers to the right of each parent to make major decisions regarding their children, including what school they attend, what doctor they see, etc. When there is shared parental responsibility, it means both parents must agree on these issues before they are decided. This is different from sole or ultimate decision-making authority, which means one parent makes the decisions without regard to the other parent’s input or opinion. This was an issue in the case Rankin v. Lounsbury, 3D21-2472 (Fla. 3d DCA March 15, 2023).
In this paternity case, the parties disputed the parenting plan, including parental responsibility. After a trial, the court awarded the mother “sole decision-making authority as to the educational and non-emergency medical needs of the minor child in the event the parties are unable to agree.” The father appealed, arguing his due process rights were violated because the mother did not specifically plead for sole decision-making authority on these issues.
The appellate court disagreed with the father, citing the mother’s pleadings and other submissions which specifically requested an order “‘[e]stablishing a parenting plan that provides for shared responsibility of the minor child, if appropriate,’ and detailed the historical refusal by the father to cooperate in joint decisions.” The court concluded “Further, the issues precipitating this resistance were extensively litigated at trial. As the decision below is undeniably supported by competent, substantial evidence, we affirm the well-reasoned order under review in all respects and write only to commend the trial judge for her judicious handling of this contentious and difficult case.”
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