After a separation, disagreements often surface over who gets the final word on school choices, medical care, or extracurricular activities. Florida law generally favors shared decision-making between parents, so when one parent starts making these calls alone, it can raise real legal questions.
Shared Responsibility, Specific Authority, and Records
Florida no longer uses the word “custody” in its statutes. Instead, parents share parental responsibility, meaning both retain rights and must confer on major decisions affecting the child, unless a court finds that the arrangement would be detrimental. Even within shared responsibility, a judge can still give one parent ultimate say over a defined area, such as education or nonemergency health care.
Florida appellate courts distinguish between narrow, evidence-supported final decision-making authority and broad, catch-all control. Courts have reversed orders that effectively gave one parent sweeping authority inconsistent with shared parental responsibility.
Recent Florida case law also stresses due process: Before a parent loses decision-making power over an issue such as schooling, that parent must receive clear notice and a fair opportunity to be heard. Separately, access to a child’s medical, dental, and school records generally cannot be denied to either parent unless a court order says otherwise, even when one parent has less say over the underlying decisions.
Document the Pattern and Ask for the Right Remedy
A parent who feels shut out should start by rereading the parenting plan, since it may already spell out who decides what. From there, it helps to keep a simple, dated record of ignored messages, missed appointments, unilateral school or medical choices, and any denied access to records or providers.
Retaliating by withholding time-sharing or records tends to backfire and can expose a parent to sanctions. Depending on the situation, the right path forward may be enforcement of the existing order or a modification request, which requires showing a substantial and material change in circumstances along with the child’s best interests.
If school, medical, or activity decisions have become a one-sided fight, we at Wickersham & Bowers can help you understand your options under Florida law. Call us at 386-252-3000 or contact us to talk through your parenting plan and next steps.
