If Only the Concurrent Custody Statute Existed for Casey Anthony in 2008

When a young parent cannot take on full responsibility of caring for a child, but the parent refuses to give up their parental rights even temporarily, in the past the child was placed at risk by the prideful parent. Or, alternatively, the parent was stripped of all responsibility in favor of a family member.

Isn’t there a common ground?  

There is now a solution under Florida law: Concurrent Custody. By agreement of the parent(s) and a family member, the parties can agree to share legal responsibility for a minor child. The parent retains their rights such as making educational decisions, medical decisions and so forth.  The family member (grandparent, aunt, uncle, etc.) simply shares the responsibility to make legal decisions for the minor child.

As an attorney, I am closely watching the Casey Anthony trial without bias as to her guilt or innocence. Anthony is the Orlando mother accused of killing her daughter Caylee in 2008.

There was a video shown recently to the jury where Anthony said something to the effect that if she was not able to take care of her daughter, she would have let her parents (the grandparents) take care of her daughter.   

I started thinking that in 2008 when Caylee died, Florida did not have a statute in place where grandparents (or other relatives) could exercise legal responsibilities for a minor child along with the parents. Could this statute have made a difference in the Casey Anthony case?  I do not know, but you may be able to reach your own conclusion.

Statutory lesson No. 1:  Florida has a “grandparents rights” statute that has been held unconstitutional according to the Florida Supreme Court. A grandparent does not have any independent standing to visit with grandchildren simply because it may be in the child’s best interest.  This would not have helped in the Casey Anthony situation.

Statutory lesson No. 2: Florida has a temporary custody statute that can place the legal and physical care of a minor child with a family member. However, if the court enters a temporary custody order, the court divests the parent of legal decision-making rights (temporarily) and places the decision-making rights with the family member. It is a complicated statute. It is an all-or-nothing statute for a parent.  

It seems to me that the temporary custody statute would not have worked well for Casey Anthony. From the evidence I have heard so far, she was stuck between two worlds: (1) young and proud parent; and (2) a desire to be social and young without the constraints of a child.  

Again, I am not saying that she is guilty, and she is still presumed innocent. However, the evidence seems clear that for most of her daughter’s short life, Anthony enjoyed her social life and adult-specific entertainment such as bars, clubs and parties.  

The concurrent custody statute is brilliant for teenage parents, parents in college and parents who simply need some help.  The parent does not want to feel that he or she is not a good or responsible parent. However, a family member may be in a better position to help.  

This scenario also takes all the stress out of the court’s traditional adversarial system. There is no winner or loser. A judge does not find a parent unfit because of abuse, abandonment or neglect as in a temporary custody situation. The parent and the other family member agree to the situation and get a court order placing the rights with both parties, and the parties can terminate the agreement at any time.

I do not want to suggest that the concurrent custody statute would have saved Caylee's life. If Anthony is correct, which is a jury question, someone else is at fault. However, even assuming that she is innocent until the jury finds her guilty, it certainly would have given the grandparents equal standing to engage in the search.

If you are a young parent or a grandparent of a young adult, and you think you would benefit from sharing rights and responsibilities together of a precious young child, please contact a family law attorney. The process of getting concurrent custody is simple and effective. It also allows all parties to retain their dignity and pride.

One more disclosure: I am not a psychologist. After years of family law practice, however, I believe there is a certain amount of pride a parent places in raising a minor child and that pride does at times prevent a parent from relinquishing full parental responsibility even if it may be in a child’s best interest.