CS/HB 775 2023
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to shared parental responsibility 2
after the establishment of paternity; amending s. 3
742.011, F.S.; authorizing a parent to request certain 4
determinations and the creation of a parenting plan 5
and time-sharing schedule; amending s. 742.10, F.S.; 6
requiring the determination of parental responsibility 7
and the establishment of a parenting plan, a time -8
sharing schedule, or child support to be done through 9
a certain action; amending s. 744.301, F.S.; 10
specifying that a mother of a child born out of 11
wedlock and the father of such child are the natural 12
guardians of the child and subject to the rights and 13
responsibilities of being parents if certain 14
conditions are met; providing an effective date. 15
16
Be It Enacted by the Legislature of the State of Florida: 17
18
Section 1. Section 742.011, Florida Statutes, is amended 19
to read: 20
742.011 Proceedings for determination of paternity , 21
rights, and responsibil ities proceedings; jurisdiction.—Any 22
woman who is pregnant or has a child, any man who has reason to 23
believe that he is the father of a child, or any child may bring 24
proceedings in the circuit court, in chancery, to determine the 25
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
paternity of the child whe n paternity has not been established 26
by law or otherwise. After the birth of the child, a parent may 27
request a determination of parental responsibility and child 28
support and for the creation of a parenting plan and time -29
sharing schedule pursuant to chapter 61. 30
Section 2. Subsection (5) of section 742.10, Florida 31
Statutes, is amended to read: 32
742.10 Establishment of paternity for children born out of 33
wedlock.— 34
(5) Regardless of whether paternity is established in an 35
action under s. 742.011 or this se ction, the determination of 36
parental responsibility and a parenting plan, a time -sharing 37
schedule, or child support must be established in an action 38
brought under s. 742.011. Judicial or administrative proceedings 39
are not required or permitted to ratify an unchallenged 40
acknowledgment of paternity. 41
Section 3. Subsection (1) of section 744.301, Florida 42
Statutes, is amended to read: 43
744.301 Natural guardians. — 44
(1) The parents jointly are the natural guardians of their 45
own children and of their adopted children, during minority, 46
unless the parents' parental rights have been terminated 47
pursuant to chapter 39. If a child is the subject of any 48
proceeding under chapter 39, the parents may act as natural 49
guardians under this section unless the court division with 50
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
jurisdiction over guardianship matters finds that it is not in 51
the child's best interests. If one parent dies, the surviving 52
parent remains the sole natural guardian even if he or she 53
remarries. If the marriage between the parents is dissolved, the 54
natural guardianship belongs to the parent to whom sole parental 55
responsibility has been granted, or if the parents have been 56
granted shared parental responsibility, both continue as natural 57
guardians. If the marriage is dissolved and neither parent is 58
given parental responsibility for the child, neither may act as 59
natural guardian of the child. The mother of a child born out of 60
wedlock and a father who has signed a voluntary acknowledgment 61
of paternity or established paternity under s. 742.011 or s. 62
742.10 are the natural guardians of the child and are entitled 63
and subject to the rights and responsibilities of parents. If a 64
father has not established paternity under s. 742.011 or s. 65
742.10(1), the mother of a child born out of wedlock is the 66
natural guardian of the child and is entitled to primary 67
residential care and custody of the child unless the court 68
enters an order stating otherwise. 69
Section 4. This act shall take effect July 1, 2023. 70