What are parents' obligations to their children?

Every parent has the duty to provide his or her children with the basic necessities of life, including food, clothing, and shelter. This duty usually terminates when the child is emancipated, which generally occurs at the age of eighteen, when the child graduates from high school, when the child enters the military, or when the child marries, but the support obligation can extend beyond that point if the child is unable to support himself or herself and would become a public obligation without familial support. The law generally does not dictate the level of support that is provided when the children live with both parents, but when, through divorce or other circumstances, the child is living with one parent, there are strict rules about the amount of financial support provided by the non-custodial parent.

In most instances, parents also have the responsibility to provide necessary medical care for their children. If parents refuse life-saving medical treatment for their children, the state may intervene against the parents' wishes, even if they made their decision on religious grounds.

Parents must also make sure that their children meet school attendance requirements. They do, however, have the right to decide whether the child's education will be in a public school, a private school, or through home schooling.

Stepparents have no legal obligation toward their stepchildren. When they assume the role of the sole provider of the child's support, however, they may be held accountable for providing that support even if the marriage to the child's biological parent ends. Of course, if a stepparent adopts a stepchild, the obligations are the same as they are in any other parent-child relationship.

How does a court decide which parent will get custody of a child?

In Florida, the Court has two options when deciding custody issues. The Court can award the parties "Shared Parental Responsibility" or can award one of the parties "Sole Parental Responsibility". Generally speaking, the courts favor Shared Parental Responsibility with one party being designated to have primary residential responsibility for the child/children. Primary Physical Residence or Primary Residential Responsibility are the "buzzwords" for what is generally referred to as "custody" in most states. Shared parenting requires parents to confer with each other when making major decisions that affect the health, safety and welfare of the child. Sole Parental Responsibility is very much the exception on Florida and is generally only ordered in cases where one parent is "unfit" to share in the parenting of the child. The court must make a decision that Shared Parental Responsibility would be detrimental to the best interests of the child. Another option for parents who generally get along with each other is "rotating physical custody". This type of situation is generally not favored by the courts and the statutes but can apply in certain situations. When the parents cannot agree on a custody arrangement, the court will make the decision for them after considering the totality of the circumstances, with the overriding consideration being the child's best interests. To make that determination, the court considers:

(a) The parent who is more likely to allow the child frequent and continuing contact with the nonresidential parent.

(b) The love, affection, and other emotional ties existing between the parents and the child.

(c) The capacity and disposition of the parents to provide the child with food, clothing, medical care or other remedial care recognized and permitted under the laws of this state in lieu of medical care, and other material needs.

(d) The length of time the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity.

(e) The permanence, as a family unit, of the existing or proposed custodial home.

(f) The moral fitness of the parents.

(g) The mental and physical health of the parents.

(h) The home, school, and community record of the child.

(i) The reasonable preference of the child, if the court deems the child to be of sufficient intelligence, understanding, and experience to express a preference.

(j) The willingness and ability of each parent to facilitate and encourage a close and continuing parent-child relationship between the child and the other parent.

(k) Evidence that any party has knowingly provided false information to the court regarding a domestic violence proceeding pursuant to s. 741.30.

(l) Evidence of domestic violence or child abuse.

(m) Any other fact considered by the court to be relevant.

In many cases, a consideration of these factors results in awarding custody to the parent who has been the child's primary caretaker during the marriage. Although this is often the child's mother, any preference for the mother strictly on a gender basis is outmoded. In many cases, fathers have been proven to be the better parent and have been awarded primary residence.

Disclaimer

This publication and the information included in it are not intended to serve as a substitute for consultation with an attorney. Specific legal issues, concerns and conditions always require the advice of appropriate legal professionals.

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