Florida Senate - 2023 SB 1146 By Senator Yarborough 4-01618A-23 20231146__ 1 A bill to be entitled 2 An act relating to shared parental responsibility 3 after the establishment of paternity; amending s. 4 742.011, F.S.; authorizing a parent to request certain 5 determinations and the creation of a parenting plan 6 and time-sharing schedule; amending s. 742.10, F.S.; 7 requiring the determination of parental responsibility 8 and the establishment of a parenting plan, a time 9 sharing schedule, or child support to be done through 10 a certain action; deleting a provision regarding 11 unchallenged acknowledgment of paternity; amending s. 12 744.301, F.S.; specifying that a mother of a child 13 born out of wedlock and the father of such child are 14 the natural guardians of the child and subject to the 15 rights and responsibilities of being parents if 16 certain conditions are met; providing an effective 17 date. 18 19 Be It Enacted by the Legislature of the State of Florida: 20 21 Section 1.Section 742.011, Florida Statutes, is amended to 22 read: 23 742.011Proceedings for determination of paternity, rights, 24 and responsibilities proceedings; jurisdiction.Any woman who is 25 pregnant or has a child, any man who has reason to believe that 26 he is the father of a child, or any child may bring proceedings 27 in the circuit court, in chancery, to determine the paternity of 28 the child when paternity has not been established by law or 29 otherwise. After the birth of the child, a parent may request a 30 determination of parental responsibility and child support and 31 for the creation of a parenting plan and time-sharing schedule 32 pursuant to chapter 61. 33 Section 2.Subsection (5) of section 742.10, Florida 34 Statutes, is amended to read: 35 742.10Establishment of paternity for children born out of 36 wedlock. 37 (5)Regardless of whether paternity is established in an 38 action under s. 742.011 or this section, the determination of 39 parental responsibility and a parenting plan, a time-sharing 40 schedule, or child support must be established in an action 41 brought under s. 742.011 Judicial or administrative proceedings 42 are not required or permitted to ratify an unchallenged 43 acknowledgment of paternity. 44 Section 3.Subsection (1) of section 744.301, Florida 45 Statutes, is amended to read: 46 744.301Natural guardians. 47 (1)The parents jointly are the natural guardians of their 48 own children and of their adopted children, during minority, 49 unless the parents parental rights have been terminated 50 pursuant to chapter 39. If a child is the subject of any 51 proceeding under chapter 39, the parents may act as natural 52 guardians under this section unless the court division with 53 jurisdiction over guardianship matters finds that it is not in 54 the childs best interests. If one parent dies, the surviving 55 parent remains the sole natural guardian even if he or she 56 remarries. If the marriage between the parents is dissolved, the 57 natural guardianship belongs to the parent to whom sole parental 58 responsibility has been granted, or if the parents have been 59 granted shared parental responsibility, both continue as natural 60 guardians. If the marriage is dissolved and neither parent is 61 given parental responsibility for the child, neither may act as 62 natural guardian of the child. The mother of a child born out of 63 wedlock and a father who has signed a voluntary acknowledgment 64 of paternity or established paternity under s. 742.011 or s. 65 742.10 are the natural guardians of the child and are entitled 66 and subject to the rights and responsibilities of parents. If a 67 father has not established paternity under s. 742.011 or s. 68 742.10, the mother of a child born out of wedlock is the natural 69 guardian of the child and is entitled to primary residential 70 care and custody of the child unless the court enters an order 71 stating otherwise. 72 Section 4.This act shall take effect July 1, 2023.