Legal Question in Family Law in Florida
In our parenting plan that my ex and I agreed to, it states that I have sole parental responsibility. I wrote this Parenting Plan, and again; we both agreed on it and signed it; it went before a judge; he made a few changes, but didn't change the Sole Parental Responsibility and it didn't come up during the hearing either. My question is; I don't think he nor she (ex) really realized it was in there because Florida is a Joint (Shared) Responsibility state...and the judge didn't change it (unless he felt it was good that way also; but it wasn't discussed so I don't really know)... My question is; if it says that in there; can the judge go back and take it out for no reason; my ex is trying to say where my 3yr old will be going to school etc and I say different; (I want to homeschool possibly).... She's saying shes' going back to court for the court to decide this; I am very educational and have taught on son most of all he knows (I get him 5 days a week; she gets him 2)...but now of course she wants him more... So again; question is; do I really have Sole Parenting Responsibility; or can the judge just say he missed it and take it out?? (Wakulla County; Florida)
2 Answers from Attorneys
In order for a judge to grant sole parental responsibility, even if one side signs off on it, the judge has to make specific findings ("statements") in an order or before a court reporter. That probably wasn't done in your case, so you probably have shared parental responsibility despite what your agreement says. Even if you do have sole parental responsibility, both parents should decide on where the kids go to school. You and the mother need to work out the home school-public school idea. The judge won't decide it for you. The judge will, however, stick to your five-night, two-night agreement, regardless of whether you call it shared or sole parental responsibility.
If it was signed by mistake and you agree it was a mistake then the aggrieved party can file a motion to correct it. The court will not do anything unless a motion is presented to the court.
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