If you share custody, starting ABA raises practical questions. Can one parent sign the treatment plan? Will the provider need both signatures? Can sessions happen in both homes? Can the other parent see the records? Florida's family law statutes answer some of this directly, and your parenting plan answers much of the rest. This guide explains the rules in plain language so you know what to look for before intake.
What does "shared parental responsibility" mean in Florida?
Florida law defines it in s. 61.046(17):
"Shared parental responsibility" means a court-ordered relationship in which both parents retain full parental rights and responsibilities with respect to their child and in which both parents confer with each other so that major decisions affecting the welfare of the child will be determined jointly.
Shared responsibility is the default. Under s. 61.13(2)(c)2, the court "shall order that the parental responsibility for a minor child be shared by both parents unless the court finds that shared parental responsibility would be detrimental to the child." Time-sharing (how many overnights each parent has) is a separate question from decision-making. A parent with fewer overnights can still have equal decision-making rights.
Who decides about health care under your parenting plan?
A parenting plan is "a document created to govern the relationship between the parents relating to decisions that must be made regarding the minor child," and those issues "may include, but are not limited to, the child's education, health care, and physical, social, and emotional well-being" (s. 61.046(14)). Under s. 61.13(2)(b)3.a, a court-approved plan must designate who will be responsible for:
a. Any and all forms of health care. If the court orders shared parental responsibility over health care decisions, either parent may consent to mental health treatment for the child unless stated otherwise in the parenting plan.
The court has other options too. It "may grant to one party the ultimate responsibility over specific aspects of the child's welfare or may divide those responsibilities between the parties," and areas of responsibility "may include education, health care, and any other responsibilities" (s. 61.13(2)(c)4). In some cases it orders sole parental responsibility to one parent (s. 61.13(2)(c)5).
| What your plan or order says | What it generally means | What a provider will likely ask for |
|---|---|---|
| Shared parental responsibility, no special health care clause | Major decisions are made jointly | The plan pages and, in many cases, both parents' consent |
| Shared responsibility, one parent has ultimate responsibility for health care | That parent makes the final health care decision after conferring | The plan or order showing that clause; that parent's signature |
| Sole parental responsibility | One parent makes decisions | The order; that parent's signature |
| A clause about therapy or mental health treatment | Follow the clause; it can change the default in s. 61.13(2)(b)3.a | The exact wording |
| Domestic violence injunction or other restrictions | Contact, records or decision rights may be limited | A copy of the injunction or order |
Is ABA a "major decision" or "mental health treatment"?
Florida's statutes do not say. ABA is a significant, ongoing treatment, often many hours a week across home, school and community settings, and most families and courts would likely see starting it as a major decision. Whether ABA counts as "mental health treatment" for the either-parent rule in s. 61.13(2)(b)3.a is not defined in the statute, so do not rely on that sentence alone to start ABA over the other parent's objection.
Because the law leaves room for disagreement, many providers set their own policy: when responsibility is shared, they ask for the parenting plan and get consent from both parents. That is provider policy, not a statute. It protects your child's services from being interrupted halfway through if the other parent objects later.
Can both parents see the ABA records?
Yes, as a rule. Section 61.13(2)(c)7 says:
Access to records and information pertaining to a minor child, including, but not limited to, medical, dental, and school records, may not be denied to either parent. Full rights under this subparagraph apply to either parent unless a court order specifically revokes these rights, including any restrictions on these rights as provided in a domestic violence injunction.
The same subparagraph gives each parent "the right to in-person communication with medical, dental, and education providers." In practice, both parents can usually ask for treatment plans and progress reports and can talk with the BCBA. For how record requests work, see your right to your child's ABA records.
How does ABA work across two homes?
Children often do well when both homes use the same strategies. A few practical points:
- Settings. Sessions can sometimes happen in both homes. Your insurer authorizes a plan with specific hours and settings, so tell the provider early about both addresses.
- Parent training. Both parents can usually take part in parent training. Consistent responses to the same behavior in each home help skills carry over.
- Scheduling. Build the session schedule around the time-sharing calendar, including holidays and exchanges.
- Communication. Agree on how the BCBA shares updates: one shared email thread, separate updates to each parent, or a co-parenting app.
- Different states. If one parent lives outside Florida, see two-state families and ABA.
Which parent's insurance pays?
Florida child support orders "shall contain a provision for health insurance for the minor child when health insurance is reasonable in cost and accessible to the child" (s. 61.13(1)(b)). Your order may say which parent carries coverage. If the child is covered by both parents' plans, the plans decide which one pays first, so give the provider both insurance cards at intake. Costs depend on each plan; a benefits check will show what each plan covers. See insurance we accept.
What if you and your co-parent disagree about ABA?
Start with information. Invite the other parent to the assessment feedback meeting or a call with the BCBA, and share the written plan. Many disagreements are about hours, settings or specific methods, and the plan can often be adjusted.
If you still cannot agree and your plan requires a joint decision, the provider will usually wait. Options for resolving it, such as returning to court to ask for ultimate responsibility over health care, are legal decisions. A Florida family law attorney can explain your options under your specific order. A provider cannot take sides or give legal advice.
What about stepparents and grandparents?
Under the Parents' Bill of Rights, a "parent" is a natural or adoptive parent or legal guardian with legal custody (s. 1014.02). A stepparent or grandparent can bring a child to sessions and take part in training if the parents agree, but generally cannot give the legal consent for treatment. Florida's s. 743.0645 lets certain relatives consent to ordinary "medical care and treatment" when a parent cannot be reached, and that is not designed for starting a therapy program. See Florida's Parents' Bill of Rights and consent.
What to bring to intake if you co-parent
- The parenting plan pages on decision-making, health care and time-sharing.
- Any later court orders or modifications, and any injunction.
- Both parents' contact details, and how each wants to receive updates.
- Insurance cards from each plan that covers your child.
- Both home addresses if sessions may happen in each home.
At Hope Center, we train parents weekly and discuss goals and plans in those sessions, so let us know at intake if two households will take part. Our team can also join IEP meetings and doctor visits where allowed. To start, contact us or call 561-337-8865 for a free consultation and free benefits check.
This page explains Florida law in general terms. For questions about your parenting plan, talk with a Florida family law attorney.