Shared Parental Responsibility for the children of divorced parents is the public policy of the State of Florida, except in extreme situations. Shared Parental Responsibility requires that parents confer regarding all major decisions involving the children, particularly in the area of education and medical decisions.
The recent public health crisis has highlighted how often parents may disagree on medical decisions. Where one parent is in favor of vaccinations against COVID and the other is opposed, the impasse may be submitted to the Court for resolution. The cause of action would be a modification for the ultimate decision making authority over medical treatments by one parent when they cannot agree.
Evidence required in the trial court would involve each parent providing an expert to provide the Court with an opinion as to the necessity for the shot. The Court would then exercise its discretion to determine which opinion carries more weight and making a finding in the best interest of the child. Due to busy court calendars and back-ups due to court closures, such cases may take some time to be heard before a judge.
Should you have questions about a modification of your parenting plan, please give us call for a consultation. One of our experienced attorneys will explain the procedures and requirements.