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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 parenting and time -sharing of minor 2
children; amending s. 61.13, F.S.; deleting the 3
requirement for an unanticipated change in 4
circumstances in order to modify a parenting plan or 5
time-sharing schedule; creating a rebuttable 6
presumption that equal time -sharing is in the best 7
interests of a child; providing a standard of evidence 8
to rebut such presumption; requiring a court to 9
evaluate certain factors and make specific written 10
findings of fact when creating or modifying a time -11
sharing schedule; providing an exception; authorizing 12
modification of a time -sharing schedule under certain 13
circumstances; conforming provisions to changes ma de 14
by the act; providing an effective date. 15
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Be It Enacted by the Legislature of the State of Florida: 17
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Section 1. Paragraph (c) of subsection (2) and subsection 19
(3) of section 61.13, Florida Statutes, are amended to read: 20
61.13 Support of childr en; parenting and time -sharing; 21
powers of court.— 22
(2) 23
(c) The court shall determine all matters relating to 24
parenting and time-sharing of each minor child of the parties in 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
accordance with the best interests of the child and in 26
accordance with the Unifo rm Child Custody Jurisdiction and 27
Enforcement Act, except that modification of a parenting plan 28
and time-sharing schedule requires a showing of a substantial 29
and, material, and unanticipated change of circumstances. 30
1. It is the public policy of this sta te that each minor 31
child has frequent and continuing contact with both parents 32
after the parents separate or the marriage of the parties is 33
dissolved and to encourage parents to share the rights and 34
responsibilities, and joys, of childrearing. Unless Except as 35
otherwise provided in this section or agreed to by the parties 36
paragraph, there is a no rebuttable presumption that equal for 37
or against the father or mother of the child or for or against 38
any specific time-sharing of a minor child is in the best 39
interests of the minor child. To rebut this presumption, a party 40
must prove by a preponderance of the evidence that equal 41
timesharing is not in the best interests of the minor child. 42
Except when a time-sharing schedule is agreed to by the parties 43
and approved by the court, the court must evaluate all of the 44
factors set forth in subsection (3) and make specific written 45
findings of fact schedule when creating or modifying a 46
timesharing schedule the parenting plan of the child . 47
2. The court shall order that the parental responsibility 48
for a minor child be shared by both parents unless the court 49
finds that shared parental responsibility would be detrimental 50
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to the child. The following evidence creates a rebuttable 51
presumption of detriment to the child: 52
a. A parent has been convicted of a misdemeanor of the 53
first degree or higher involving domestic violence, as defined 54
in s. 741.28 and chapter 775; 55
b. A parent meets the criteria of s. 39.806(1)(d); or 56
c. A parent has been convicted of or had adjudication 57
withheld for an offense enumerated in s. 943.0435(1)(h)1.a., and 58
at the time of the offense: 59
(I) The parent was 18 years of age or older. 60
(II) The victim was under 18 years of age or the parent 61
believed the victim to be under 18 years of age. 62
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If the presumption is not rebutted after the convicted parent is 64
advised by the court that the presumption exists, shared 65
parental responsibility, including time -sharing with the child, 66
and decisions made regarding the child, may not be granted to 67
the convicted parent. However, the convicted parent is not 68
relieved of any obligation to provide financial support. If the 69
court determines that shared parental responsibility would be 70
detrimental to the child, it may order sole parental 71
responsibility and make su ch arrangements for time -sharing as 72
specified in the parenting plan as will best protect the child 73
or abused spouse from further harm. Whether or not there is a 74
conviction of any offense of domestic violence or child abuse or 75
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the existence of an injunction for protection against domestic 76
violence, the court shall consider evidence of domestic violence 77
or child abuse as evidence of detriment to the child. 78
3. In ordering shared parental responsibility, the court 79
may consider the expressed desires of the par ents and may grant 80
to one party the ultimate responsibility over specific aspects 81
of the child's welfare or may divide those responsibilities 82
between the parties based on the best interests of the child. 83
Areas of responsibility may include education, healt h care, and 84
any other responsibilities that the court finds unique to a 85
particular family. 86
4. The court shall order sole parental responsibility for 87
a minor child to one parent, with or without time -sharing with 88
the other parent if it is in the best inte rests of the minor 89
child. 90
5. There is a rebuttable presumption against granting 91
time-sharing with a minor child if a parent has been convicted 92
of or had adjudication withheld for an offense enumerated in s. 93
943.0435(1)(h)1.a., and at the time of the offe nse: 94
a. The parent was 18 years of age or older. 95
b. The victim was under 18 years of age or the parent 96
believed the victim to be under 18 years of age. 97
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A parent may rebut the presumption upon a specific finding in 99
writing by the court that the parent poses no significant risk 100
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of harm to the child and that time -sharing is in the best 101
interests of the minor child. If the presumption is rebutted, 102
the court shall consider all time -sharing factors in subsection 103
(3) when developing a time -sharing schedule. 104
6. Access to records and information pertaining to a minor 105
child, including, but not limited to, medical, dental, and 106
school records, may not be denied to either parent. Full rights 107
under this subparagraph apply to either parent unless a court 108
order specifically revokes these rights, including any 109
restrictions on these rights as provided in a domestic violence 110
injunction. A parent having rights under this subparagraph has 111
the same rights upon request as to form, substance, and manner 112
of access as are avail able to the other parent of a child, 113
including, without limitation, the right to in -person 114
communication with medical, dental, and education providers. 115
(3) For purposes of establishing or modifying parental 116
responsibility and creating, developing, approv ing, or modifying 117
a parenting plan, including a time -sharing schedule, which 118
governs each parent's relationship with his or her minor child 119
and the relationship between each parent with regard to his or 120
her minor child, the best interests interest of the child must 121
shall be the primary consideration. A determination of parental 122
responsibility, a parenting plan, or a time -sharing schedule may 123
not be modified without a showing of a substantial and, 124
material, and unanticipated change in circumstances and a 125
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determination that the modification is in the best interests of 126
the child. If the parents of a child are residing greater than 127
50 miles apart at the time of the entry of the last order 128
establishing time sharing and a parent moves within 50 miles of 129
the other parent, then that move may be considered a substantial 130
and material change in circumstances for the purpose of a 131
modification to the time -sharing schedule, so long as there is a 132
determination that the modification is in the best interests of 133
the child. Determination of the best interests of the child 134
shall be made by evaluating all of the factors affecting the 135
welfare and interests of the particular minor child and the 136
circumstances of that family, including, but not limited to: 137
(a) The demonstrated capac ity and disposition of each 138
parent to facilitate and encourage a close and continuing 139
parent-child relationship, to honor the time -sharing schedule, 140
and to be reasonable when changes are required. 141
(b) The anticipated division of parental responsibilities 142
after the litigation, including the extent to which parental 143
responsibilities will be delegated to third parties. 144
(c) The demonstrated capacity and disposition of each 145
parent to determine, consider, and act upon the needs of the 146
child as opposed to the needs or desires of the parent. 147
(d) The length of time the child has lived in a stable, 148
satisfactory environment and the desirability of maintaining 149
continuity. 150
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(e) The geographic viability of the parenting plan, with 151
special attention paid to the need s of school-age children and 152
the amount of time to be spent traveling to effectuate the 153
parenting plan. This factor does not create a presumption for or 154
against relocation of either parent with a child. 155
(f) The moral fitness of the parents. 156
(g) The mental and physical health of the parents. 157
(h) The home, school, and community record of the child. 158
(i) The reasonable preference of the child, if the court 159
deems the child to be of sufficient intelligence, understanding, 160
and experience to express a prefe rence. 161
(j) The demonstrated knowledge, capacity, and disposition 162
of each parent to be informed of the circumstances of the minor 163
child, including, but not limited to, the child's friends, 164
teachers, medical care providers, daily activities, and favorite 165
things. 166
(k) The demonstrated capacity and disposition of each 167
parent to provide a consistent routine for the child, such as 168
discipline, and daily schedules for homework, meals, and 169
bedtime. 170
(l) The demonstrated capacity of each parent to 171
communicate with and keep the other parent informed of issues 172
and activities regarding the minor child, and the willingness of 173
each parent to adopt a unified front on all major issues when 174
dealing with the child. 175
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(m) Evidence of domestic violence, sexual violence, chil d 176
abuse, child abandonment, or child neglect, regardless of 177
whether a prior or pending action relating to those issues has 178
been brought. If the court accepts evidence of prior or pending 179
actions regarding domestic violence, sexual violence, child 180
abuse, child abandonment, or child neglect, the court must 181
specifically acknowledge in writing that such evidence was 182
considered when evaluating the best interests of the child. 183
(n) Evidence that either parent has knowingly provided 184
false information to the court regarding any prior or pending 185
action regarding domestic violence, sexual violence, child 186
abuse, child abandonment, or child neglect. 187
(o) The particular parenting tasks customarily performed 188
by each parent and the division of parental responsibilities 189
before the institution of litigation and during the pending 190
litigation, including the extent to which parenting 191
responsibilities were undertaken by third parties. 192
(p) The demonstrated capacity and disposition of each 193
parent to participate and be involved in the child's school and 194
extracurricular activities. 195
(q) The demonstrated capacity and disposition of each 196
parent to maintain an environment for the child which is free 197
from substance abuse. 198
(r) The capacity and disposition of each parent to protect 199
the child from the ongoing litigation as demonstrated by not 200
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discussing the litigation with the child, not sharing documents 201
or electronic media related to the litigation with the child, 202
and refraining from disparaging comments about the other parent 203
to the child. 204
(s) The developmental stages and needs of the child and 205
the demonstrated capacity and disposition of each parent to meet 206
the child's developmental needs. 207
(t) Any other factor that is relevant to the determination 208
of a specific parenting plan, including the time -sharing 209
schedule. 210
Section 2. This act shall take effect July 1, 2023. 211