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Parenting: Parental Responsibility and Timesharing

Writer's picture: Kaitlyn Dvoran, Esq.Kaitlyn Dvoran, Esq.

Updated: Nov 1, 2024

If you and your spouse have minor children in common then, parenting is the best place to start your divorce case. Parenting has 2 subparts, parental responsibility, and timesharing. Florida prefers shared parental responsibility meaning both parents will jointly make major decisions regarding the minor child, including medical care, child care, and education of the minor child. The other types of parental responsibility are shared parental responsibility with ultimate decision making and sole parental responsibility.


Shared parental responsibility with ultimate decision making requires showing that it would be detrimental to the minor child for the parents to share in making major decisions regarding the minor child. Shared parental responsibility with ultimate decision means that the parents shall confer regarding the major decisions involving the minor child. However, one parent will be the tie-breaker or ultimate decision maker should the parents disagree.


Sole parental responsibility is also rare and requires the same showing that it would be detrimental to the minor child for the parents to share in making major decisions regarding the minor child. Sole parental responsibility is when one parent does not need to discuss major decisions with the other parent and may make the decisions on their own.





Timesharing is the second sub-part under parenting. Timesharing, otherwise known as child custody, is calculated based on the number of overnights each parent has with their child. Most courts prefer to award 50/50 timesharing. However, there are instances in which a Judge will award majority (and in some rare instances 100% timesharing) to one parent. A court determining the custody of a child in Florida must consider certain factors known as the "best interests" factors. Some examples of the factors include, but are not limited to: whether one parent encourages a relationship between the minor child and the other parent, the moral fitness of the parents, and the preference of the minor child.


Parenting is an often litigated portion of a typical divorce case. If you anticipate your case involving a dispute over parental responsibility or child custody, it is important to meet with an attorney to discuss how to protect your timesharing and decision making authority.

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