Court Orders for Ultimate Decision-Making Authority

When transitioning from spouses to coparents, a key issue parents face is determining how decisions regarding their child’s upbringing will be made post-divorce. It is important to know that even if you believe you should have ultimate decision-making authority, Florida courts generally favor a co-parenting model.

Of course, there are circumstances where one parent may be able to seek and obtain the authority to make all of the childrearing decisions. In order for this to happen, you will need to provide clear evidence of the other parent’s influence being a detriment. Have a conversation with an Orlando family lawyer to learn more about what options are available for you and your family.

Court Preference for Co-Parenting

The default legal standard in Florida is shared parental responsibility, meaning both parents have an equal say in major decisions about their child’s welfare, including education, healthcare, and religious upbringing. The belief is that children benefit from having both parents actively involved in their lives. Because of this, the burden of proof lies with the parent seeking sole decision-making authority to demonstrate that the other parent’s involvement would not be beneficial.

To be awarded sole parental responsibility, a parent must prove that shared responsibility would be harmful. Here are the scenarios where a court might grant such an order.

• Physical abuse or neglect. If a parent has a history of abusing or neglecting the child, the court may find it unsafe to allow that parent to make decisions affecting the child’s well-being.
• Substance abuse. When a parent struggles with addiction, they may be deemed unfit to participate in decision making.
• Serious mental health issues. Untreated or poorly managed mental health conditions that impair a parent’s ability to live a healthy lifestyle and make sound decisions can be grounds for awarding sole decision-making rights to the other parent.
• Parental alienation. Should a parent actively try to alienate the child from the other parent, this behavior can negatively impact the child’s emotional health, influencing the court’s decision.
• Unstable living conditions. Demonstrating that the other parent cannot provide a stable and safe environment can support a request for securing decision-making authority.

A skilled lawyer will help you compile necessary evidence to demonstrate that shared parental responsibility is not in a child’s best interest. This may include medical records, police reports, testimonies from professionals, and more.

Crafting a Strong Argument

Working with an experienced Orlando family lawyer means you will have a seasoned legal professional on your side to develop a compelling argument for why ultimate decision-making authority should be awarded to you. Your lawyer will help create a comprehensive plan that addresses all aspects of your child’s upbringing.

Were you hoping to secure full custody but aren’t sure if it’s possible? While Florida courts favor co-parenting, there are situations where granting one parent decision-making authority may be necessary. Share the specifics of your situation with family law attorneys at Donna Hung Law Group. To discuss the possibility of a court order, call 407-999-0099 or contact us online to schedule a confidential meeting.