How Does Shared Legal Custody Work in Florida?

In the majority of situations, the Florida courts will award parents joint custody of their children. Under the law, there is a rebuttable presumption that joint custody is in the best interest of the children. The best interests of the children is the standard that the court applies when making custody decisions. When it comes to medical care, education, or other major issues in your child’s life, it is important to understand that you and your spouse are expected to reach a consensus when you make decisions for your children. In this article, the Largo, Florida divorce lawyers at Cairns Law, P.A. will discuss shared legal custody in Florida and what parents must understand before making decisions on their own.

Parents must make decisions together

 If legal custody is shared between both parents, the parents are required to make decisions unanimously. Common issues that the parents need to decide together include:

• Medical care for the child
• Educational decisions for the child
• Child care
• Extra-curricular activities

When both parents cannot agree on a solution, no decision should be made until both agree. For this reason, shared custody of a child is not appropriate for all situations. In many cases, one parent may stonewall the process out of resentment toward the other parent. In other cases, the parents have completely different values and views and cannot come to terms with key issues related to their children.

What happens when me and my spouse cannot agree? 

In some cases, the court can remove decision-making power from one of the parents so that the other parent can raise the children without interference. This holds particularly true in cases where parallel parenting is employed. If the two parents cannot agree on major issues, the court could decide that sole custody is preferable to the child’s development.

If conflict with the other parent is making it difficult for you to see eye to eye on matters regarding your children, you should discuss the matter with your Largo family law attorney. A divorce lawyer can help you petition the court and make arguments for why you should have sole custody of your child. We can help you argue that your child’s development is being stalled because of disagreement and bickering between you and your co-parent.

Talk to a Largo, FL child custody attorney today 

Cairns Law, P.A. represents the interests of Largo residents who are pursuing a divorce or need to hammer out a custody agreement for their children. Call our Largo family lawyers today to schedule an appointment and we can begin discussing your next steps right away.