RD- an actual child support client
"My case was handled quickly and with ease."
01/10/2014
RD- an actual child support client
"My case was handled quickly and with ease."
01/10/2014
“Prospective clients may not obtain the same or similar results.”
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Shared Parental Responsibility

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Family in need of attorney

As any parent knows, sharing in the responsibility and care of a child can be challenging, even when such persons are married or unmarried cohabitants. As attorneys, that have children of our own, the Gainesville Law Office of Alba & Yochim P.A. understands that child-rearing is no simple endeavor, no matter what your child custody circumstances are. Yet, for parents that are raising a child separate from another, the process of child-rearing can become a far more trying experience.

Consequently, establishing parental rights by defining the parameters of custodial care and shared parental responsibility over a child is essential—not only for the well-being of our children, but for the peace of mind of the parents involved. An attorney is critical to assisting in that process.

Shared parental responsibility is when the court awards both parents the right to make decisions regarding a minor child such as health, education and religious decisions. In accordance with the legislative desire to equalize parental responsibility, custody matters are approached by Florida courts with an emphasis on co-parenting. As such, absent a finding of detriment to a child, courts will generally order that parental responsibility be shared.

While evidence of domestic violence or child abuse creates a rebuttable presumption of detriment, it is important to keep in mind that detriment to a child can also be found in circumstances other than those involving abuse. In either event, the court’s principal concern will remain upon implementing an arrangement that adheres to the standards set forth by statutory criterion for the ‘best interest of the child.’

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In cases which the lack evidence to support a claim of detriment, it is more beneficial to focus efforts upon developing a parenting plan that will best facilitate the process of co-parenting. In fact, parenting plans are perhaps the most vital component to shared parenting. Not only does it set forth manner in which decisions will be made regarding the child(ren), but it also provides for time-sharing schedules, as well as other matters concerning the care and general well-being of the child(ren). In short, your parenting plan provides a framework for all issues pertaining to parental responsibilities, duties, and rights, and therefore serves as your ‘go-to reference.’

In determining the appropriate type of custody and legal approach necessary to achieve that goal, it is also helpful to evaluate the matter from a mental health perspective. Consider the following as a parent: (1) Are both parents willing to put aside personal matters aside, and focus solely on what is best for the child(ren)?; and (2) Are both parents able to agree upon parenting plan terms and carry out their parental responsibilities in accordance with the plan?

Given the nature of shared parental responsibility, parents should to keep in mind that in order for this custody arrangement to be successful, a high degree of communication and understanding between both parents is vital. Quite simply, if parents cannot work together in carrying out their duties and responsibilities, as set forth in the parenting plan, the parties may find themselves either back in court or living in a constant state of turmoil. And although developing a comprehensive parenting plan can limit future conflict, parents must also have the ability reach resolution in the event that unanticipated circumstances arise.

The Gainesville attorneys of the Law Office of Alba & Yochim P.A. represent clients in all stages of child custody matters. From initial consultation, our goal is to provide you and your family with stability through attaining favorable and practical results in the most efficient manner.