According to Florida case law, only an extensive inability or failure to cooperate or co-parent on issues involving the welfare of a child will justify an award of sole decision-making authority:
We acknowledge that the trial court made a finding that the father “demonstrated less ability to cooperate” when changes were required in the timesharing schedule. Yet there is nothing in the limited record before us that reflects an extensive inability to cooperate on issues involving the welfare of the children so as to justify an award of sole decision-making authority. Cf. Gerencser, 4 So.3d at 24 (noting that while sole decision-making authority arrangement may be necessary at some time in the future, “the history of the mother’s and father’s inability to cooperate [wa]s not yet extensive enough to justify giving the father sole decision-making authority”). Although the trial court found that the father’s conduct towards the mother was less than exemplary, that alone is not sufficient in light of the trial court’s findings that “both parents are fully capable” of parenting the children and that it was only the parties’ personal problems with each other that caused a breakdown in co-parenting the children. See Fazzaro v. Fazzaro, 110 So.3d 49, 51–52 (Fla. 2d DCA 2013) (rejecting argument that award of ultimate responsibility to the mother was supported by level of hostility *165 between the parents where there was no evidence of “a continuing pattern of hostility that reasonably would lead one to conclude that the parties will be unable to effectively work together for their child’s best interests”). In order to rectify the co-parenting issues, the trial court ordered the family to participate in family counseling. Thus, the trial court already provided the method of addressing any concern about the parties’ ability to exercise shared parental responsibility.
See: Cranney v. Cranney, 206 So. 3d 162
Note: Florida statute Section 61.13-(2)-(c)-2, requires a trial court to order shared parental responsibility “unless the court finds that shared parental responsibility would be detrimental to the child.” This section of the statute requires the court to consider enumerated factors when determining detriment to a child when determining if shared parental responsibility is not appropriate.
Related:
Can Domestic Violence Be A Basis To Modify A Parenting Plan?
Advocating for Your Child’s Best Interest
How to File for Child Relocation in Florida and Win Your Case
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