Ask the Attorney: Joint Custody

Question:
What does "joint custody" mean?

Answer:
I have numerous prospective clients asking that we seek "joint custody" of their child(ren). However, the term "joint custody" is really a misnomer. What individuals are usually referring to is what Chapter 61, Florida Statutes, identifies as "Shared Parental Responsibility" wherein both parents secure decision-making rights/responsibilities for the child(ren). These joint decisions should be for the major decisions affecting the child’s welfare (examples: health, education, religion, etc.). A very high burden must be met in order for one party to be awarded "Sole Parental Responsibility", wherein they are "solely" responsible for such decisions.

Further, some individuals confuse "joint custody" with a time-sharing plan wherein both parties have equal (or close to equal) parenting time with the child(ren). Time-sharing and parental responsibility are two vastly differently concepts that will dictate not only where your child(ren) will reside, but how decisions regarding their best interest and welfare will be made.