On June 16, 2020, the Florida Legislature passed and, on June 30, 2020 the Florida Governor signed CS/CS/SB 124: Custody of Minor Children by Extended Family. See Laws of Florida, Chapter No. 2020-147. An “extended family member” may ask the…
Parents in Florida divorce and paternity cases must agree to a “Parenting Plan” or have a judge decide on a plan. In collaborative practice, parents work with a collaborative neutral facilitator and collaborative professional team. The team helps parents write…
Parents who “share parental responsibility” retain full parental rights and responsibilities for their child. Both parents confer with each other to make decisions for their child. – Section 61.046(17), Florida Statutes. Before deciding, separated parents who share parental responsibility must…
Florida law treats consent to “mental health treatment” for a child differently from other major decisions responsibility for which parents share. In 2016, Florida law changed to mandate provisions in parenting plans. – Section 61.13(2)(b)3., Florida Statutes, amended by Laws…
In 2016, Florida law changed to mandate, in parenting plans designating shared parental responsibility, that either parent retains the right to consent to mental health treatment for their child. Section 61.13(2)(b)3., Florida Statutes, amended by Laws of Florida 2016-241 (enacting…
Florida family judges must determine parenting matters according to the child’s best interests and the Uniform Child Custody Jurisdiction and Enforcement Act. There is an exception: modification of a parenting plan and time-sharing schedule requires showing a substantial, material, and…
Florida’s divorce and paternity statutes don’t define “mental health treatment.” When they’re sharing parental responsibility, each parent retains parental consent to mental health treatment. However, by clarifying and agreeing to the scope of “mental health treatment” for their child, parents…
For our Parenting Plan, “Mental Health Treatment” means these techniques, as defined in Florida Administrative Code, Rule 63N-1.0081: (a) Individual therapy or counseling; (b) Group therapy or counseling; (c) Family counseling or therapy; (d) Behavior therapy; (e) Psychosocial Skills Training;…
Florida law and administrative regulations support mental health treatment providers’ accepting informed consent by only one parent or authorized guardian to mental health treatment for a child. Parents whose parental rights remain intact jointly are the natural guardians of their…
Under Florida Law, mental health treatment providers, and their professions’ corresponding statutory informed consent requirements, include: Mental Health Provider Informed Consent References Psychiatrist licensed under Chapter 458 or 459, Florida Statutes Section 458.325(1), Florida Statutes provides, for electroconvulsive or psychosurgical…
A parent who disagrees with the other parent’s consenting to mental health treatment for their child often faces costly, time consuming, and inadequate remedies. The parent who doesn’t consent may ask the court to modify the parenting plan, but must…