Articles Tagged with Child Custody and Visitation

In a case captioned De La Fe v. De La Fe, the Former Husband, Steven De La Fe, and the Former Wife, Davihana De La Fe, were married in 2009.  During the course of their marriage, they had two children.  An evidentiary hearing was held in this matter, and the Former Husband and Former Wife were divorced in July 2020.  The Former Husband brought an appeal contesting several parts of the final judgment granting the parties’ dissolution of marriage.

In this child custody and visitation case, the final judgment of dissolution of marriage stated that it was in the best interests of the parties’ children for parental responsibility to be shared by the Former Husband and the Former Wife.  It also ordered the Former Husband and the Former Wife to attempt to jointly make decisions concerning the welfare of the parties’ children.  The final judgment also granted the Former Wife ultimate decision-making authority.  The standard of review that the appellate court applied in reviewing this time-sharing order was abuse of discretion.

Under Florida law, there are two types of parental responsibility.  They are sole parental responsibility and shared parental responsibility.  In Florida, the preferred time-sharing arrangement is shared parental responsibility.  Shared parental responsibility means that parents are required to attempt to confer and reach agreement on major issues that affect the welfare of their children. Major decisions include, without limitation, the children’s education, extra-curricular activities, healthcare, social and religious training, and general welfare.  In the event that parents are unable to agree on a major issue that affects the welfare of their children, the issue can then be resolved by the trial court.

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