If you have joint legal custody of your child, you may be wondering whether or not you have the legal authority to make decisions on your own. It’s important to understand that the Florida courts will award joint custody in the majority of situations. Under the law, there is a rebuttable presumption that joint custody is in the best interests of the children, 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 come together to make decisions unanimously. In this article, the Tampa, FL divorce lawyers at Westchase Law, P.A. will discuss shared legal custody in Florida and what parents should understand before making major decisions on their own.
Parents must make decisions together
When legal custody is shared between both parents, the parents are required to make decisions together and unanimously. Both parents must acknowledge that whatever is being done is in the best interests of their children as opposed to the parents. Common issues that the parents need to decide on include:
- Medical care for the child
- Educational decisions for your child
- Child care
- Extra-curricular activities
If both parents cannot agree on a solution, then no decision should be made until they can agree. For this reason, shared custody of a child is not appropriate for all situations. In many cases, one parent stonewalls the process out of resentment toward the other parent. In other cases, the parents have radically different views and values and cannot come to terms on key issues regarding their children.
What happens if me and my spouse cannot agree?
In some cases, the court may remove the decision-making power of one of the parents so that the other parent can raise the children without interference. This is particularly true in cases where parallel parenting is employed. If the two parents cannot agree on major issues, then the court may decide that sole custody is preferable for the child’s development.
If you believe that conflict with the child’s other parent is making it difficult for you to see eye to eye on matters regarding the children, you should discuss the issue with your family law attorney. A divorce lawyer will help you petition the court for sole custody of your children. This may be appropriate when the child’s development is stalled because the parents cannot come to terms on serious issues.
Talk to a Tampa, FL Family Law Attorney Today
Are you having difficulties with your former ex regarding decisions made on behalf of your children? You should raise this issue with your Tampa divorce lawyer. Call Westchase Law, P.A. today to schedule an appointment, and we can begin discussing your next steps right away.