Posted by Nydia Streets of Streets Law in Florida Child Custody

Can a court award shared parental responsibility and ultimate decision-making authority at the same time? Shared parental responsibility means both parents must confer and jointly make decisions regarding their child. Ultimate decision-making authority means that although the parties must confer, only one parent ultimately makes the decision if they disagree. This was an issue in the case Johnson v. Johnson, 4D2023-3111 (Fla. 4th DCA September 4, 2024).

In a temporary relief order entered in a pending divorce case, the court awarded shared parental responsibility to the parties but also ultimate decision-making authority to the husband. The wife appealed, and the appellate court, in a brief opinion, held “By awarding the husband ultimate decision-making authority on issues affecting the child, the trial court essentially nullified the award of shared parental responsibility. [. . .] We reverse that portion of the temporary order for three reasons. First, the husband did not seek ultimate decision-making authority over any issues affecting the child’s welfare. Second, the record does not include evidence to support that award. Third, the order fails to specify matters over which the husband would have ultimate decision-making authority.”

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