Shared vs. Sole Parental Responsibility in Florida: What’s the Difference and Why It Matters

By Fritznie Jarbath, Esq., Founding Partner

“Who gets custody?”

If you’re a parent in Miami, Fort Lauderdale, or anywhere in South Florida who’s splitting up, that’s probably the question looping in your head. It’s also the first one we hear from almost every parent who sits down with us.

Here’s the twist: Florida doesn’t really use the word “custody” anymore. Judges ask two separate questions instead. Who gets a say in the big decisions about your child? And where does your child spend their time?

Think of it like a family group chat. Parental responsibility (that’s the legal term for decision-making) is who gets a vote on the big stuff, like school, doctors, and religion. Timesharing is the calendar, meaning whose house your kid sleeps at on a Tuesday. A judge can decide those two things separately.

Shared Parental Responsibility: Florida’s Starting Point

Florida courts start with a strong presumption: both parents should be involved in raising their child. That presumption is built into Florida Statute §61.13, which requires judges to order shared parental responsibility in most cases unless doing so would harm the child.

Shared parental responsibility means both parents retain the right—and the obligation—to make major decisions about their child’s life together. We’re talking about the big things:

• School. Which one your child attends.

• Health care. Which doctors they see, and non-emergency treatment.

• Religion. How your child is exposed to one or more faiths.

• Major activities. The bigger commitments, like a travel sports team.

This does not mean every decision requires a phone call. Day-to-day choices—what the child eats for dinner, what time they go to bed—are made by whichever parent has the child at that moment. Shared parental responsibility covers the major, life-shaping decisions. And neither parent gets to make those unilaterally.

Shared parental responsibility does not automatically mean a 50/50 timesharing split. A parent can have shared decision-making rights but still spend significantly less time with the child than the other parent. These are two separate legal concepts.

Sole Parental Responsibility: When One Parent Decides

Sole parental responsibility gives one parent the authority to make all major decisions about the child’s welfare without needing the other parent’s agreement. It is not Florida’s default, and courts don’t grant it simply because parents can’t get along. The bar is meaningfully higher than that.

Judges will consider sole parental responsibility when shared decision-making would genuinely harm the child—not just inconvenience the parents. The circumstances that most commonly lead to this outcome include:

• A criminal conviction for domestic violence. A criminal conviction, not just an allegation or a documented incident of domestic violence, creates a rebuttable presumption against shared responsibility. Domestic violence is one of the most significant triggers in the statute.

• Substance abuse. Untreated or ongoing addiction that affects a parent’s ability to make sound decisions for the child.

• Severe mental health issues. Where a parent’s condition meaningfully impairs their judgment in ways that affect the child’s welfare.

• A pattern of parental alienation or inability to communicate. In high-conflict cases where joint decision-making has proven impossible and the conflict itself is harming the child.

It’s worth being honest about what sole parental responsibility doesn’t do: it doesn’t erase the other parent. The non-decision-making parent still typically has timesharing rights. They can still be present in their child’s life. What changes is who holds the authority over major decisions.

Not sure whether shared or sole parental responsibility applies to your situation? We’re happy to talk through it. Call us at 305-615-1005 or visit www.jp-lawgroup.com.

What Judges Actually Weigh

Whether a court is deciding between shared and sole parental responsibility—or working out a timesharing schedule—the guiding standard is always the same: what is in the best interest of the child? Florida Statute §61.13 gives judges a specific list of 20 factors to evaluate, which includes the 7 following 7 factors:

• Each parent’s ability to facilitate and support the child’s relationship with the other parent

• The anticipated division of parental responsibilities, including daily tasks like school pickup and medical appointments

• Each parent’s demonstrated capacity to act on the child’s needs rather than their own

• Geographic stability and how close each parent lives to the child’s school and community

• The mental and physical health of each parent

• Any history of domestic violence, substance abuse, or child abuse

• The child’s preference, if they are of sufficient age and maturity

No single factor automatically wins the case. What judges are looking for is the overall picture—which arrangement genuinely serves this particular child’s stability, wellbeing, and development.

Parental Responsibility and Timesharing Are Not the Same Thing

This distinction trips up a lot of people, so it’s worth being direct about it.

You can have shared parental responsibility with an unequal timesharing schedule. A parent might see the child every other weekend and have full input into major decisions. You can also have sole parental responsibility with a generous timesharing schedule for the other parent—they spend a lot of time with the child but don’t weigh in on major decisions.

Courts design these arrangements case by case. Florida no longer defaults to a “mother gets the kids, father gets weekends” model. Judges are required to create schedules that encourage meaningful involvement from both parents—unless there’s a specific reason not to.

What This Means in Real Life

In practice, shared parental responsibility means decisions about school, doctors, and major activities require communication—and agreement. This works smoothly when co-parents can communicate respectfully. It becomes a source of ongoing conflict when they can’t.

We see two common problems in Miami and Broward County family cases:

• One parent makes major decisions without consulting the other. This is a violation of shared parental responsibility and can be brought before a judge. Courts take it seriously—repeated violations can affect timesharing arrangements.

• Co-parents use shared decision-making as a weapon. Withholding agreement on school enrollment or medical care—not because of a genuine disagreement, but to cause conflict—is something judges can see clearly. It rarely ends well for the parent doing it.

When shared parental responsibility breaks down completely, there are legal remedies. Courts can appoint a parenting coordinator, establish a tie-breaking mechanism for specific categories of decisions, or—in serious situations—revisit the parental responsibility arrangement altogether.

Legal Guidance You Can Trust

Whether you’re going through an initial custody determination, trying to modify an existing arrangement, or navigating a co-parent who isn’t following the rules, the difference between shared and sole parental responsibility has real consequences for your daily life and your child’s stability.

At Jarbath Peña Law Group, we help families throughout Miami and South Florida build parenting plans that actually work, ones that reflect your child’s specific needs, account for your co-parenting reality, and hold up in court. We also help clients enforce existing plans when the other parent isn’t following through.

Your child’s wellbeing is the measure of every decision we help you make.

Frequently Asked Questions

My co-parent enrolled our child in a new school without telling me. Can they do that?

If you have shared parental responsibility, no—school enrollment is a major decision that requires both parents’ agreement. Taking unilateral action on a major decision is a violation of the parenting plan and can be brought before a judge. Courts can require the enrollment to be reversed, hold the other parent in contempt, and—in repeated cases—use the violation as a factor in a timesharing modification.

Can I get sole parental responsibility just because my co-parent and I can’t agree on anything?

Conflict alone is not enough. Florida courts require a showing that shared decision-making would genuinely harm the child—not just that it’s frustrating or difficult. That said, a long, documented pattern of bad-faith obstruction can become a factor. Courts can also appoint a parenting coordinator or grant one parent final authority over specific categories of decisions (like medical or educational) rather than switching to full sole parental responsibility.

Does having sole parental responsibility mean the other parent can’t see the child?

No. Parental responsibility and timesharing are separate. A parent with sole parental responsibility makes major decisions alone—but the other parent almost always still has timesharing rights unless there are specific safety concerns. The child still has a relationship with both parents; it’s the decision-making structure that changes.

My co-parent lives far away. Can we still have shared parental responsibility?

Yes—shared parental responsibility is about decision-making, not physical proximity. Many long-distance co-parents successfully share decision-making through video calls, email, and co-parenting apps. The timesharing schedule will look different to account for the distance, but the legal authority to participate in major decisions can remain with both parents.

Can we agree to sole parental responsibility in our settlement without going to court?

Yes. Parents can agree to a sole parental responsibility arrangement as part of a negotiated settlement, and a judge will typically approve it as long as it doesn’t appear to harm the child. However, the agreement must still be ratified by the court and formalized in a parenting plan order to be legally enforceable. A verbal agreement between parents, without court approval, is not legally binding.

Questions about parental responsibility or your existing parenting plan? Contact Jarbath Peña Law Group today at 305-615-1005 or visit us at www.jp-lawgroup.com for a consultation.