Why would a court award "Sole Parental Responsibility"? What are Florida Statutes governing this?

Asked 3 months ago - Stuart, FL

Wife alleges I have psychological and substance abuse issues that prevent the possibility of shared parenting. I don't but I certainly need to know what a judge considers in making this decision...

Yes I am ProSe no money... she ran me out long ago.

Attorney answers (4)

  1. Joseph Gufford III

    Pro

    Contributor Level 13

    5

    Lawyers agree

    1

    Best Answer
    chosen by asker

    Answered . The pertinent statute is 61.13. I have added a link to this answer that should give you more insignt. Sole Parental Responsibility is very much the exception in Florida and is generally only ordered in cases where one parent is "unfit" to share in the parenting of the child. It is necessary, before sole responsibility is given to one parent, that the court determine that shared responsibility would be detrimental to the child. The statutory law and the case law on the subject states that the Court must find that shared parental responsibility would be detrimental to the best interests of the child . If the court determines that shared parental responsibility would be detrimental to the child, it may order sole parental responsibility. There are also statutory reasons for a Court to Order Sole Parental Responsibility.
    In any event, simply having psychological problems and/or substance abuse problems in the past, depending upon the severity of course, are not suficient to award the other parent sole parental responsibility. The important thing is to show the court that both issues are being or have been addressed and dealt with through counselling, treatment, etc. Judges see cases involving these issues every day in a variety of different contexts. The key to the future with your child and how the court will address the same is in your hands.

    This response is to an unknown person and is for general information purposes only. Under the terms of AVVO... more
  2. Betty Elaine Jones

    Contributor Level 18

    4

    Lawyers agree

    1

    Answered . It is very unlikely that the Court will order sole parental responsibility as the Florida Courts are leaning toward 50/50 unless a parent can be proven unfit, has abandoned the child etc. You should try to hire an attorney to represent you to make sure you get the timesharing you are entitled to. Obviously if there are psychological or substance abuse issues that can be proven it will affect the timesharing that parent receives. Good luck.

    Sincerely,
    B. Elaine Jones, Esq.

  3. Alyscha Lauren Johnson

    Contributor Level 9

    1

    Lawyer agrees

    Answered . Every Judge is different. But if your wife is going to put forth these various serious allegations, it may in your interest to submit to Parental Fitness Evaluation in which the doctor can say that your safe for unsupervised visitation with the children. It may costs around $700.00 but it's better to come in to court with an expert opinion than empty handed....

    This is not legal advice.
  4. Leticia Dieppa

    Pro

    Contributor Level 6

    1

    Lawyer agrees

    Answered . The Florida statute you want to review is 61.13(3). The Statute lists around 20 factors that the court takes into consideration when determining time-sharing & parental responsibility. The best interest of the minor child is the primary consideration. I suggest you go to Court ready. You should consider getting a Substance Abuse Evaluation as well as a psychological Evaluation if your wife is making those allegations. These expert opinions will definitely strengthen your case.

    Good Luck,
    Leticia Dieppa
    305-409-9391

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

26,524 answers this week

2,925 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

26,524 answers this week

2,925 attorneys answering

Legal Dictionary

Don't speak legalese? We define thousands of terms in plain English.

Browse our legal dictionary