Why would a court award “Sole Parental Responsibility”? What are Florida Statutes governing this?
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.
The pertinent statute is 61.13. I have added a link to this answer that should give you more insight. 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 sufficient 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.