Florida Law Update: ‘Sole Custody’ Is No Longer Used

Often, I speak to potential clients who confuse the term sole custody. First, in Florida, the courts stopped using the term “sole custody.” They also do not use the term “visitation.” They have now replaced those words with time-sharing. 

Additionally, there is no such thing as sole custody. This would mean that the one parent would be entitled to 100% of all time-sharing, depriving the other parent of any time-sharing. The court will always consider the best interests of the child when arriving at an appropriate time-sharing schedule. 

The Factors That Florida Courts Consider

The court will consider approximately 20 factors in determining a schedule. If you look at Florida Statute 61.13, you will see all of those factors. There is a term called sole parental responsibility, however, which should not be confused with the actual time-sharing schedule. 

Parental responsibility refers to decision-making concerning education and medical care decisions. There are three types of parental responsibility. The most common one is shared parental responsibility, where both parties have a duty to confer on major decisions. If there is a conflict, then the court has to decide. The next one is sole parental responsibility, which is when one party makes all the decisions without having to confer with the other parent at all. These are reserved for the most severe cases. 

Then there is a hybrid called ultimate parental responsibility, where both parties still have to confer regarding major decisions, but in the event of a conflict, one parent typically gets to decide without having to go to court each time.

If you would like more information regarding your particular situation, please do not hesitate to contact us. You can have a free consultation with one of our lawyers, and we can give you more insight into the process. It is essential that you understand this information before making an informed decision to hire an attorney.

Speak With a Florida Custody Attorney Today

The Florida custody attorneys at Winthrop Law Offices, P.A., are dedicated to providing every client with the answers they need to make informed decisions. Contact our firm today to schedule a free consultation.