This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h0775b.JDC
DATE: 3/29/2023
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: CS/HB 775 Shared Parental Responsibility after the Establishment of Paternity
SPONSOR(S): Civil Justice Subcommittee, Benjamin
TIED BILLS: IDEN./SIM. BILLS: SB 1146
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Civil Justice Subcommittee 18 Y, 0 N, As CS Mathews Jones
2) Judiciary Committee Mathews Kramer
SUMMARY ANALYSIS
Under Florida law, paternity may be established for a child born to an unmarried mother in multiple ways,
whether by adjudicatory hearing, by voluntary acknowledgement, or by the Department of Revenue.
Additionally, paternity may be established by court order in response to a Petition to Establish Paternity.
Without a court order specifically establishing a timesharing schedule and parental responsibility, an alleged
father may be left without defined rights relating to his relationship with the child.
Currently, under s. 744.301, F.S., “the mother of a child born out of wedlock is the natural guardian of the child
and is entitled to primary residential care and custody unless a court order of competent jurisdiction enters an
order stating otherwise.” As such, an alleged father must first establish paternity before being able to petition a
court to determine parental responsibility and timesharing. This may leave an unmarried alleged father without
any right to parent the child, even if both parents acknowledge the alleged father is the actual father and that
he has established paternity. Further, shared parental responsibility does not apply until a court order is
entered providing for shared parental responsibility.
CS/HB 775 amends s. 742.011, F.S., to clarify that, after the birth of a child, a parent may request a
determination of parental responsibility and child support for the creation of a parenting plan and timesharing
schedule pursuant to ch. 61. The bill also amends s. 742.10, F.S., to require that in any action to establish
paternity, the court must also determine parental responsibility and a parenting plan, and establish a
timesharing schedule and child support.
The bill amends s. 744.301, F.S., to clarify that an unwed mother and a father who signed a voluntary
acknowledgment of paternity or established paternity through a court judgment are the natural guardians of the
child.
The bill has an effective date of July 1, 2023.
STORAGE NAME: h0775b.JDC PAGE: 2
DATE: 3/29/2023
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Background
Rights and Responsibilities of a Parent
In a dissolution of marriage with children or in a paternity case, issues of parenting must be worked out
between the parties. Florida courts have consistently ruled that a parent’s desire and right to the
companionship, care, custody, and management of his or her children is an important interest that
warrants deference and, absent a powerful countervailing interest, protection. Further, a parent has
general responsibilities owed to his or her children, including supervision, health and safety, education,
care, and protection. In Florida, parenting is broken down into two distinct components: parental
responsibility (decision-making) and timesharing (physical visitation with the child based on a parenting
plan).
Under current law, issues related to timesharing and parental responsibility do not have to be
addressed in a final judgment of paternity; a court is only required to address child support in such a
paternity action.
1
Child Support
Under s. 61.29, F.S., each parent has a fundamental obligation to support his or her minor or legally
dependent child. A court must order either or both parents owing a duty of support to the child to pay
support pursuant to s. 61.30, F.S. A parent’s child support obligation is calculated based on the child
support guidelines established in s. 61.30, F.S. These guidelines use a mathematical formula to
develop the basic child support obligation of each parent. The court may not deviate from the basic
child support obligation provided under the guidelines by more than five percent when establishing the
child support award except in very limited circumstances, such as when the court orders substantial
time-sharing.
Timesharing and Parental Responsibility
Section 61.13, F.S., provides guidelines to assist courts in determining matters related to parenting
2
and time-sharing
3
of minor children in actions under ch. 61, F.S., in accordance with the best interests
of the child while balancing the rights of parents. As a threshold consideration, the Legislature has
declared that:
4
It is the public policy of this state that each minor child has frequent and continuing
contact with both parents after the parents separate or the marriage of the parties is
dissolved and to encourage parents to share the rights and responsibilities, and
joys, of childrearing. There is no presumption for or against the father or mother of
the child or for or against any specific time-sharing schedule when creating or
modifying the parenting plan of the child.
Therefore, current law does not provide a presumption in favor of a specific time-sharing schedule, and
the court sets a time-sharing schedule when the parties are unable to agree. In establishing time-
sharing, the court must consider the best interests of the child
5
and evaluate all factors affecting the
welfare and interests of the child and the circumstances of the family, including, but not limited to the:
1
S. 742.031(1), F.S.
2
Parenting or parental responsibility refers to the responsibility and right to make important decisions about the child’s welfare, such as
education and medical care after the parents separate.
3
Time-sharing refers to the time, including overnights and holidays, which the child spends with each parent. S. 61.046(23), F.S.
4
S. 61.13(2)(c)1., F.S.
5
S. 61.13(2)(c), F.S. STORAGE NAME: h0775b.JDC PAGE: 3
DATE: 3/29/2023
Demonstrated capacity and disposition of each parent to facilitate and encourage a continuing
parent-child relationship, honor the time-sharing schedule, and accommodate necessary
changes.
Anticipated division of parental responsibilities after the litigation, including the extent to which
parental responsibilities will be delegated to third parties.
Demonstrated capacity and disposition of each parent to determine, consider, and act upon the
needs of the child.
Length of time the child has lived in a stable environment and the desirability of maintaining
continuity.
Geographic viability of the parenting plan, with special attention paid to the needs of school-age
children and the amount of time to be spent traveling to effectuate the parenting plan.
Mental health, physical health, and moral fitness of the parents.
Home, school, and community record of the child.
Reasonable preference of the child.
Demonstrated knowledge, capacity, and disposition of each parent to be informed of the
circumstances of the minor child, including, the child’s friends, teachers, and daily activities.
Demonstrated capacity and disposition of each parent to:
o Provide a consistent routine; and
o Communicate with and keep the other parent informed of issues and activities regarding
the minor child, and the willingness of each parent to adopt a unified front on all major
issues when dealing with the child.
Evidence of domestic violence, sexual violence, child abuse, child abandonment, or child
neglect, or that either parent has ever knowingly provided false information about such matters.
Particular parenting tasks customarily performed by each parent, including the extent to which
parenting responsibilities were undertaken by third parties.
Demonstrated capacity and disposition of each parent to participate and be involved in the
child’s school and extracurricular activities.
Demonstrated capacity and disposition of each parent to maintain an environment for the child
which is free from substance abuse.
Capacity and disposition of each parent to protect the child from the ongoing litigation regarding
child custody.
Developmental stages and needs of the child and the demonstrated capacity and disposition of
each parent to meet the child’s developmental needs.
A court may prescribe a “parenting plan”
6
by which the parents are ordered to share decision-making
and physical custody of the minor child. The parenting plan may order parents to exercise shared
parental responsibility, it may delegate decision-making authority over specific matters to one parent, or
it may grant a parent sole parental responsibility over the minor child. Common issues concerning a
minor child may include education, healthcare, and social or emotional wellbeing.
Establishment of Paternity
Pursuant to chapter 742, F.S., paternity may be established for a child born to an unmarried mother in
multiple ways. Paternity may be established by adjudicatory hearing, by voluntary acknowledgement, or
by the Department of Revenue.
7
Additionally, paternity may be established by court order in response
to a Petition to Establish Paternity. Shared parental responsibility under ch. 61, F.S., does not apply
until an order adjudicating paternity is entered. Without a court order specifically establishing a
timesharing schedule and parental responsibility, an alleged father may be left without defined rights
relating to his relationship with the child.
Adjudicatory Hearing
6
A “parenting plan” is a document created to govern the relationship between the parents relating to decisions which must
be made regarding the child and must contain a timesharing schedule for the parents and child. S. 61.046(14), F.S. If a
parenting plan is agreed to by the parties, it must be approved by the court.
7
A request for timesharing or visitation may not be filed in a DOR action for paternity. See s. 409.2564, F.S. STORAGE NAME: h0775b.JDC PAGE: 4
DATE: 3/29/2023
If paternity has been raised and determined as a matter of law within an adjudicatory hearing brought
under the statutes governing inheritance, or dependency under workers’ compensation or a similar
compensation program, such adjudication establishes the paternity of the father.
8
When paternity is
established through an adjudicatory hearing, the court is not required to establish parental
responsibilities or a timesharing schedule.
Affidavit or Voluntary Acknowledgment
Paternity may also be established by agreement. Both parents may agree and sign an affidavit of
voluntary acknowledgement of paternity under oath in the presence of a notary or under oath in the
presence of two witnesses.
9
Under this scenario, a rebuttable presumption of paternity is established
and a sixty-day revocation period is triggered. During the sixty-day revocation period, either the mother
or the alleged father may rescind the acknowledgement of paternity.
10
After the sixty day period, a
signed voluntary acknowledgement of paternity constitutes an establishment of paternity and may only
be challenged in court on the basis of fraud, duress, or material mistake of fact.
11
Alternatively,
paternity may be established by both parents executing an affidavit of paternity or a stipulation of
paternity and filing it with the clerk of court.
12
If both parents sign the affidavit or stipulation of paternity
and file it with the clerk of court, paternity is deemed to be established at the time the affidavit is filed.
Department of Revenue
If no acknowledgement or affidavit is completed, paternity may be established by the Department of
Revenue pursuant to s. 409.256, F.S. The Department of Revenue (DOR) may commence a paternity
proceeding or a paternity and child support proceeding if:
Paternity has not otherwise been established;
No one is named as the father on the child’s birth certificate or the person named as the father
is the putative father named in an affidavit;
The mother was unmarried at the time of the child’s conception and birth; or
DOR is providing services under Title IV-D.
13
Court Order
Section 742.011, F.S., permits any woman who is pregnant or has a child, any man who has reason to
believe that he is the father of a child, or any child, to bring proceedings in court to determine the
paternity of the child when paternity has not been established by law or otherwise. Section 742.031,
F.S., requires the court to conduct a hearing on the complaint and establish paternity if the court finds
the alleged father is the father of the child. Upon a determination of paternity, the court must decide on
the ability of the parents to support the child.
14
In a matter brought under ch. 742, F.S., the court is not
required to decide on an appropriate parenting plan or time-sharing schedule.
15
This could effectively
result in paternity being established for the father and a child support order issued without providing a
specific timesharing schedule with the child.
The mother of a child born out of wedlock is the natural guardian of the child and is entitled to primary
residential care and custody unless a court order of competent jurisdiction enters an order stating
otherwise.
16
If an order establishing paternity only includes a child support award and does not provide
a parenting plan or timesharing schedule, the parent receiving the child support (obligee) is deemed to
have all of the timesharing and sole parental responsibility without prejudice to the other parent
8
S. 742.10, F.S.
9
Id.
10
S. 742.10(1), F.S.
11
S. 742.10(4), F.S.
12
S. 742.10(1), F.S.
13
S. 409.256(2), F.S.
14
S. 742.031(1), F.S.
15
Id.
16
S. 744.301(1), F.S. STORAGE NAME: h0775b.JDC PAGE: 5
DATE: 3/29/2023
(obligor).
17
Similarly, if a paternity judgment makes no child support award and does not provide a
parenting plan, the mother is presumed to have all of the timesharing over the child as well as sole
parental responsibility. As such, an order simply establishing paternity and nothing more, may leave the
father with no decision-making authority over the child and no timesharing.
Effect of Proposed Changes
CS/HB 775 amends s. 742.011, F.S., to clarify that, after the birth of a child, a parent may request a
determination of parental responsibility and child support for the creation of a parenting plan and
timesharing schedule pursuant to ch. 61. Absent such a determination of parental responsibility and
child support, the mother would retain sole parental responsibility and all of the timesharing. As such,
the bill includes language indicating a parent is able to request a determination of parental
responsibility and timesharing as well as support.
The bill also amends s. 742.10, F.S., to require that any action to establish paternity must include the
determination of parental responsibility and a parenting plan, and establish a timesharing schedule and
child support. The bill would attach specific parental responsibility and timesharing to the establishment
of paternity for a father.
The bill amends s. 744.301, F.S., to clarify that an unwed mother and a father who signed a voluntary
acknowledgment of paternity or established paternity through a court judgment are the natural
guardians of the child. As such, they are subject to the rights and responsibilities of parents that a
married parent would enjoy. In the case where a father has not established paternity by court order or
through the provisions under s. 742.10(1), F.S., the mother remains the only natural parent and is
entitled to primary residential care and custody of the child.
The bill has an effective date of July 1, 2023.
B. SECTION DIRECTORY:
Section 1: Amends s. 742.011, F.S., relating to determination of paternity proceedings.
Section 2: Amends s. 742.10, F.S., relating to establishment of paternity for children born out of
wedlock.
Section 3: Amends s. 744.301(1), F.S., relating to natural guardians.
Section 4: Provides an effective date.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
None.
2. Expenditures:
None.
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
None.
2. Expenditures:
None.
17
S. 742.031(2), F.S. STORAGE NAME: h0775b.JDC PAGE: 6
DATE: 3/29/2023
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
None.
D. FISCAL COMMENTS:
None.
III. COMMENTS
A. CONSTITUTIONAL ISSUES:
1. Applicability of Municipality/County Mandates Provision:
Not applicable.
2. Other:
None.
B. RULE-MAKING AUTHORITY:
Not applicable.
C. DRAFTING ISSUES OR OTHER COMMENTS:
None.
IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
On March 9, 2023, the Civil Justice Subcommittee adopted one amendment and reported the bill favorably
as a committee substitute. The committee substitute reinserted current statutory language that had been
stricken by the bill.
This analysis is drafted to the committee substitute as passed by the Civil Justice Subcommittee.