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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
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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 child support and the creation of a parenting plan 8
and time-sharing schedule to be done thro ugh a certain 9
action; providing construction; amending s. 744.301, 10
F.S.; specifying that a mother of a child born out of 11
wedlock and a father who has established paternity of 12
such child are the natural guardians of the child and 13
subject to the rights and r esponsibilities of being 14
parents; specifying that the mother of a child born 15
out of wedlock is the natural guardian if a father has 16
not established paternity; providing an effective 17
date. 18
19
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Be It Enacted by the Legislature of the State of Florida: 21
22
Section 1. Section 742.011, Florida Statutes, is amended 23
to read: 24
742.011 Proceedings for determination of paternity , 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
rights, and responsibilities proceedings; jurisdiction.—Any 26
woman who is pregnant or has a child, any man who has reason to 27
believe that he is the father of a child, or any child may bring 28
proceedings in the circuit court, in chancery, to determine the 29
paternity of the child when paternity has not been established 30
by law or otherwise. After the birth of the child, a parent may 31
request a determination of parental responsibility and child 32
support and for the creation of a parenting plan and time -33
sharing schedule pursuant to chapter 61. 34
Section 2. Subsection (5) of section 742.10, Florida 35
Statutes, is amended to read: 36
742.10 Establishment of paternity for children born out of 37
wedlock.— 38
(5) Regardless of whether paternity is established in an 39
action under s. 742.011 or this section, the determination of 40
parental responsibility and child support and the creation of a 41
parenting plan and time-sharing schedule must be established in 42
an action brought under s. 742.011. Judicial or administrative 43
proceedings are not required or permitted to ratify an 44
unchallenged acknowledgment of paternity. This section may not 45
be construed to prevent the De partment of Revenue from 46
establishing child support by an administrative order pursuant 47
to s. 409.2563. 48
Section 3. Subsection (1) of section 744.301, Florida 49
Statutes, is amended to read: 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
744.301 Natural guardians. — 51
(1) The parents jointly are the natural guardians of their 52
own children and of their adopted children, during minority, 53
unless the parents' parental rights have been terminated 54
pursuant to chapter 39. If a child is the subject of any 55
proceeding under chapter 39, the parents may act as na tural 56
guardians under this section unless the court division with 57
jurisdiction over guardianship matters finds that it is not in 58
the child's best interests. If one parent dies, the surviving 59
parent remains the sole natural guardian even if he or she 60
remarries. If the marriage between the parents is dissolved, the 61
natural guardianship belongs to the parent to whom sole parental 62
responsibility has been granted, or if the parents have been 63
granted shared parental responsibility, both continue as natural 64
guardians. If the marriage is dissolved and neither parent is 65
given parental responsibility for the child, neither may act as 66
natural guardian of the child. The mother of a child born out of 67
wedlock and a father who has established paternity under s. 68
742.011 or s. 742.10 are the natural guardians of the child and 69
are entitled and subject to the rights and responsibilities of 70
parents. If a father has not established paternity under s. 71
742.011 or s. 742.10(1), the mother of a child born out of 72
wedlock is the natura l guardian of the child and is entitled to 73
primary residential care and custody of the child unless the 74
court enters an order stating otherwise. 75
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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
Section 4. This act shall take effect July 1, 2023. 76