| 15 | 15 | | An act relating to parenting and time -sharing of minor 2 |
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| 16 | 16 | | children; amending s. 61.13, F.S.; deleting the 3 |
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| 17 | 17 | | requirement for an unanticipated change in 4 |
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| 18 | 18 | | circumstances in order to modify a parenting plan or 5 |
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| 19 | 19 | | time-sharing schedule; creating a rebuttable 6 |
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| 20 | 20 | | presumption that equal time -sharing is in the best 7 |
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| 21 | 21 | | interests of a child; providing a standard of evidence 8 |
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| 22 | 22 | | to rebut such presumption; requiring a court to 9 |
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| 23 | 23 | | evaluate certain factors and make specific written 10 |
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| 24 | 24 | | findings of fact when creating or modifying a time -11 |
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| 25 | 25 | | sharing schedule; providing an exception; authorizing 12 |
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| 26 | 26 | | modification of a time -sharing schedule under certain 13 |
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| 27 | 27 | | circumstances; conforming provisions to changes made 14 |
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| 28 | 28 | | by the act; providing an effective date. 15 |
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| 29 | 29 | | 16 |
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| 30 | 30 | | Be It Enacted by the Legislature of the State of Florida: 17 |
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| 31 | 31 | | 18 |
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| 32 | 32 | | Section 1. Paragraph (c) of subsection (2) and subsection 19 |
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| 33 | 33 | | (3) of section 61.13, Florida Statutes, are amended to read: 20 |
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| 34 | 34 | | 61.13 Support of children; parenting and time-sharing; 21 |
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| 35 | 35 | | powers of court.— 22 |
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| 36 | 36 | | (2) 23 |
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| 37 | 37 | | (c) The court shall determine all matters relating to 24 |
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| 38 | 38 | | parenting and time-sharing of each minor child of the parties in 25 |
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| 46 | 46 | | Page 2 of 9 |
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| 47 | 47 | | 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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| 48 | 48 | | |
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| 49 | 49 | | |
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| 50 | 50 | | |
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| 51 | 51 | | accordance with the best interests of the child and in 26 |
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| 52 | 52 | | accordance with the Uniform Child Custo dy Jurisdiction and 27 |
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| 53 | 53 | | Enforcement Act, except that modification of a parenting plan 28 |
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| 54 | 54 | | and time-sharing schedule requires a showing of a substantial 29 |
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| 55 | 55 | | and, material, and unanticipated change of circumstances. 30 |
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| 56 | 56 | | 1. It is the public policy of this state that each m inor 31 |
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| 57 | 57 | | child has frequent and continuing contact with both parents 32 |
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| 58 | 58 | | after the parents separate or the marriage of the parties is 33 |
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| 59 | 59 | | dissolved and to encourage parents to share the rights and 34 |
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| 60 | 60 | | responsibilities, and joys, of childrearing. Unless Except as 35 |
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| 61 | 61 | | otherwise provided in this section or agreed to by the parties 36 |
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| 62 | 62 | | paragraph, there is a no rebuttable presumption that equal for 37 |
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| 63 | 63 | | or against the father or mother of the child or for or against 38 |
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| 64 | 64 | | any specific time-sharing of a minor child is in the best 39 |
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| 65 | 65 | | interests of the minor child. To rebut this presumption, a party 40 |
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| 66 | 66 | | must prove by a preponderance of the evidence that equal 41 |
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| 67 | 67 | | timesharing is not in the best interests of the minor child. 42 |
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| 68 | 68 | | Except when a time-sharing schedule is agreed to by the parties 43 |
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| 69 | 69 | | and approved by the court, the court must evaluate all of the 44 |
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| 70 | 70 | | factors set forth in subsection (3) and make specific written 45 |
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| 71 | 71 | | findings of fact schedule when creating or modifying a 46 |
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| 72 | 72 | | timesharing schedule the parenting plan of the child . 47 |
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| 73 | 73 | | 2. The court shall order that the parental respo nsibility 48 |
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| 74 | 74 | | for a minor child be shared by both parents unless the court 49 |
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| 75 | 75 | | finds that shared parental responsibility would be detrimental 50 |
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| 83 | 83 | | Page 3 of 9 |
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| 84 | 84 | | 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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| 85 | 85 | | |
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| 86 | 86 | | |
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| 87 | 87 | | |
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| 88 | 88 | | to the child. The following evidence creates a rebuttable 51 |
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| 89 | 89 | | presumption of detriment to the child: 52 |
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| 90 | 90 | | a. A parent has been co nvicted of a misdemeanor of the 53 |
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| 91 | 91 | | first degree or higher involving domestic violence, as defined 54 |
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| 92 | 92 | | in s. 741.28 and chapter 775; 55 |
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| 93 | 93 | | b. A parent meets the criteria of s. 39.806(1)(d); or 56 |
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| 94 | 94 | | c. A parent has been convicted of or had adjudication 57 |
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| 95 | 95 | | withheld for an offense enumerated in s. 943.0435(1)(h)1.a., and 58 |
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| 96 | 96 | | at the time of the offense: 59 |
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| 97 | 97 | | (I) The parent was 18 years of age or older. 60 |
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| 98 | 98 | | (II) The victim was under 18 years of age or the parent 61 |
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| 99 | 99 | | believed the victim to be under 18 years of age. 62 |
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| 100 | 100 | | 63 |
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| 101 | 101 | | If the presumption is not rebutted after the convicted parent is 64 |
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| 102 | 102 | | advised by the court that the presumption exists, shared 65 |
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| 103 | 103 | | parental responsibility, including time -sharing with the child, 66 |
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| 104 | 104 | | and decisions made regarding the child, may not be granted to 67 |
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| 105 | 105 | | the convicted parent. However, the convicted parent is not 68 |
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| 106 | 106 | | relieved of any obligation to provide financial support. If the 69 |
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| 107 | 107 | | court determines that shared parental responsibility would be 70 |
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| 108 | 108 | | detrimental to the child, it may order sole parental 71 |
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| 109 | 109 | | responsibility and make su ch arrangements for time -sharing as 72 |
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| 110 | 110 | | specified in the parenting plan as will best protect the child 73 |
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| 111 | 111 | | or abused spouse from further harm. Whether or not there is a 74 |
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| 112 | 112 | | conviction of any offense of domestic violence or child abuse or 75 |
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| 120 | 120 | | Page 4 of 9 |
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| 121 | 121 | | 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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| 122 | 122 | | |
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| 123 | 123 | | |
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| 124 | 124 | | |
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| 125 | 125 | | the existence of an injunction for protection against domestic 76 |
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| 126 | 126 | | violence, the court shall consider evidence of domestic violence 77 |
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| 127 | 127 | | or child abuse as evidence of detriment to the child. 78 |
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| 128 | 128 | | 3. In ordering shared parental responsibility, the court 79 |
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| 129 | 129 | | may consider the expressed desires of the par ents and may grant 80 |
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| 130 | 130 | | to one party the ultimate responsibility over specific aspects 81 |
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| 131 | 131 | | of the child's welfare or may divide those responsibilities 82 |
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| 132 | 132 | | between the parties based on the best interests of the child. 83 |
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| 133 | 133 | | Areas of responsibility may include education, healt h care, and 84 |
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| 134 | 134 | | any other responsibilities that the court finds unique to a 85 |
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| 135 | 135 | | particular family. 86 |
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| 136 | 136 | | 4. The court shall order sole parental responsibility for 87 |
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| 137 | 137 | | a minor child to one parent, with or without time -sharing with 88 |
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| 138 | 138 | | the other parent if it is in the best inte rests of the minor 89 |
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| 139 | 139 | | child. 90 |
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| 140 | 140 | | 5. There is a rebuttable presumption against granting 91 |
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| 141 | 141 | | time-sharing with a minor child if a parent has been convicted 92 |
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| 142 | 142 | | of or had adjudication withheld for an offense enumerated in s. 93 |
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| 143 | 143 | | 943.0435(1)(h)1.a., and at the time of the offe nse: 94 |
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| 144 | 144 | | a. The parent was 18 years of age or older. 95 |
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| 145 | 145 | | b. The victim was under 18 years of age or the parent 96 |
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| 146 | 146 | | believed the victim to be under 18 years of age. 97 |
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| 147 | 147 | | 98 |
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| 148 | 148 | | A parent may rebut the presumption upon a specific finding in 99 |
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| 149 | 149 | | writing by the court that the parent poses no significant risk 100 |
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| 157 | 157 | | Page 5 of 9 |
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| 158 | 158 | | 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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| 159 | 159 | | |
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| 160 | 160 | | |
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| 161 | 161 | | |
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| 162 | 162 | | of harm to the child and that time -sharing is in the best 101 |
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| 163 | 163 | | interests of the minor child. If the presumption is rebutted, 102 |
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| 164 | 164 | | the court shall consider all time -sharing factors in subsection 103 |
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| 165 | 165 | | (3) when developing a time -sharing schedule. 104 |
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| 166 | 166 | | 6. Access to records and information pertaining to a minor 105 |
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| 167 | 167 | | child, including, but not limited to, medical, dental, and 106 |
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| 168 | 168 | | school records, may not be denied to either parent. Full rights 107 |
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| 169 | 169 | | under this subparagraph apply to either parent unless a court 108 |
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| 170 | 170 | | order specifically revokes these rights, including any 109 |
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| 171 | 171 | | restrictions on these rights as provided in a domestic violence 110 |
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| 172 | 172 | | injunction. A parent having rights under this subparagraph has 111 |
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| 173 | 173 | | the same rights upon request as to form, substance, and manner 112 |
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| 174 | 174 | | of access as are avail able to the other parent of a child, 113 |
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| 175 | 175 | | including, without limitation, the right to in -person 114 |
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| 176 | 176 | | communication with medical, dental, and education providers. 115 |
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| 177 | 177 | | (3) For purposes of establishing or modifying parental 116 |
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| 178 | 178 | | responsibility and creating, developing, approv ing, or modifying 117 |
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| 179 | 179 | | a parenting plan, including a time -sharing schedule, which 118 |
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| 180 | 180 | | governs each parent's relationship with his or her minor child 119 |
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| 181 | 181 | | and the relationship between each parent with regard to his or 120 |
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| 182 | 182 | | her minor child, the best interests interest of the child must 121 |
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| 183 | 183 | | shall be the primary consideration. A determination of parental 122 |
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| 184 | 184 | | responsibility, a parenting plan, or a time -sharing schedule may 123 |
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| 185 | 185 | | not be modified without a showing of a substantial and, 124 |
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| 186 | 186 | | material, and unanticipated change in circumstances and a 125 |
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| 194 | 194 | | Page 6 of 9 |
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| 195 | 195 | | 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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| 196 | 196 | | |
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| 197 | 197 | | |
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| 198 | 198 | | |
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| 199 | 199 | | determination that the modification is in the best interests of 126 |
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| 200 | 200 | | the child. If the parents of a child are residing greater than 127 |
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| 201 | 201 | | 50 miles apart at the time of the entry of the last order 128 |
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| 202 | 202 | | establishing time sharing and a parent moves within 50 miles of 129 |
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| 203 | 203 | | the other parent, then that move may be considered a substantial 130 |
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| 204 | 204 | | and material change in circumstances for the purpose of a 131 |
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| 205 | 205 | | modification to the time -sharing schedule, so long as there is a 132 |
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| 206 | 206 | | determination that the modification is in the best interests of 133 |
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| 207 | 207 | | the child. Determination of the best interests of the child 134 |
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| 208 | 208 | | shall be made by evaluating all of the factors affecting the 135 |
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| 209 | 209 | | welfare and interests of the particular minor child and the 136 |
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| 210 | 210 | | circumstances of that family, including, but not limited to: 137 |
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| 211 | 211 | | (a) The demonstrated capac ity and disposition of each 138 |
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| 212 | 212 | | parent to facilitate and encourage a close and continuing 139 |
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| 213 | 213 | | parent-child relationship, to honor the time -sharing schedule, 140 |
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| 214 | 214 | | and to be reasonable when changes are required. 141 |
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| 215 | 215 | | (b) The anticipated division of parental responsibilities 142 |
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| 216 | 216 | | after the litigation, including the extent to which parental 143 |
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| 217 | 217 | | responsibilities will be delegated to third parties. 144 |
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| 218 | 218 | | (c) The demonstrated capacity and disposition of each 145 |
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| 219 | 219 | | parent to determine, consider, and act upon the needs of the 146 |
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| 220 | 220 | | child as opposed to the needs or desires of the parent. 147 |
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| 221 | 221 | | (d) The length of time the child has lived in a stable, 148 |
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| 222 | 222 | | satisfactory environment and the desirability of maintaining 149 |
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| 223 | 223 | | continuity. 150 |
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| 231 | 231 | | Page 7 of 9 |
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| 232 | 232 | | 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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| 233 | 233 | | |
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| 234 | 234 | | |
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| 235 | 235 | | |
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| 236 | 236 | | (e) The geographic viability of the parenting plan, with 151 |
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| 237 | 237 | | special attention paid to the need s of school-age children and 152 |
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| 238 | 238 | | the amount of time to be spent traveling to effectuate the 153 |
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| 239 | 239 | | parenting plan. This factor does not create a presumption for or 154 |
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| 240 | 240 | | against relocation of either parent with a child. 155 |
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| 241 | 241 | | (f) The moral fitness of the parents. 156 |
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| 242 | 242 | | (g) The mental and physical health of the parents. 157 |
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| 243 | 243 | | (h) The home, school, and community record of the child. 158 |
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| 244 | 244 | | (i) The reasonable preference of the child, if the court 159 |
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| 245 | 245 | | deems the child to be of sufficient intelligence, understanding, 160 |
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| 246 | 246 | | and experience to express a prefe rence. 161 |
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| 247 | 247 | | (j) The demonstrated knowledge, capacity, and disposition 162 |
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| 248 | 248 | | of each parent to be informed of the circumstances of the minor 163 |
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| 249 | 249 | | child, including, but not limited to, the child's friends, 164 |
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| 250 | 250 | | teachers, medical care providers, daily activities, and favorite 165 |
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| 251 | 251 | | things. 166 |
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| 252 | 252 | | (k) The demonstrated capacity and disposition of each 167 |
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| 253 | 253 | | parent to provide a consistent routine for the child, such as 168 |
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| 254 | 254 | | discipline, and daily schedules for homework, meals, and 169 |
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| 255 | 255 | | bedtime. 170 |
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| 256 | 256 | | (l) The demonstrated capacity of each parent to 171 |
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| 257 | 257 | | communicate with and keep the other parent informed of issues 172 |
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| 258 | 258 | | and activities regarding the minor child, and the willingness of 173 |
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| 259 | 259 | | each parent to adopt a unified front on all major issues when 174 |
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| 260 | 260 | | dealing with the child. 175 |
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| 268 | 268 | | Page 8 of 9 |
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| 269 | 269 | | 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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| 270 | 270 | | |
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| 271 | 271 | | |
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| 272 | 272 | | |
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| 273 | 273 | | (m) Evidence of domestic violence, sexual violence, chil d 176 |
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| 274 | 274 | | abuse, child abandonment, or child neglect, regardless of 177 |
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| 275 | 275 | | whether a prior or pending action relating to those issues has 178 |
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| 276 | 276 | | been brought. If the court accepts evidence of prior or pending 179 |
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| 277 | 277 | | actions regarding domestic violence, sexual violence, child 180 |
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| 278 | 278 | | abuse, child abandonment, or child neglect, the court must 181 |
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| 279 | 279 | | specifically acknowledge in writing that such evidence was 182 |
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| 280 | 280 | | considered when evaluating the best interests of the child. 183 |
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| 281 | 281 | | (n) Evidence that either parent has knowingly provided 184 |
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| 282 | 282 | | false information to the court regarding any prior or pending 185 |
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| 283 | 283 | | action regarding domestic violence, sexual violence, child 186 |
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| 284 | 284 | | abuse, child abandonment, or child neglect. 187 |
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| 285 | 285 | | (o) The particular parenting tasks customarily performed 188 |
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| 286 | 286 | | by each parent and the division of parental responsibilities 189 |
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| 287 | 287 | | before the institution of litigation and during the pending 190 |
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| 288 | 288 | | litigation, including the extent to which parenting 191 |
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| 289 | 289 | | responsibilities were undertaken by third parties. 192 |
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| 290 | 290 | | (p) The demonstrated capacity and disposition of each 193 |
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| 291 | 291 | | parent to participate and be involved in the child's school and 194 |
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| 292 | 292 | | extracurricular activities. 195 |
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| 293 | 293 | | (q) The demonstrated capacity and disposition of each 196 |
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| 294 | 294 | | parent to maintain an environment for the child which is free 197 |
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| 295 | 295 | | from substance abuse. 198 |
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| 296 | 296 | | (r) The capacity and disposition of each parent to protect 199 |
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| 297 | 297 | | the child from the ongoing litigation as demonstrated by not 200 |
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| 305 | 305 | | Page 9 of 9 |
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| 306 | 306 | | 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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| 307 | 307 | | |
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| 308 | 308 | | |
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| 309 | 309 | | |
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| 310 | 310 | | discussing the litigation with the child, not sharing documents 201 |
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| 311 | 311 | | or electronic media related to the litigation with the child, 202 |
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| 312 | 312 | | and refraining from disparaging comments about the other parent 203 |
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| 313 | 313 | | to the child. 204 |
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| 314 | 314 | | (s) The developmental stages and needs of the child and 205 |
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| 315 | 315 | | the demonstrated capacity and disposition of each parent to meet 206 |
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| 316 | 316 | | the child's developmental needs. 207 |
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| 317 | 317 | | (t) Any other factor that is relevant to the determination 208 |
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| 318 | 318 | | of a specific parenting plan, including the time-sharing 209 |
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| 319 | 319 | | schedule. 210 |
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| 320 | 320 | | Section 2. This act shall take effect July 1, 2023. 211 |
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