Florida Senate - 2023 CS for CS for SB 1146 By the Committees on Judiciary; and Children, Families, and Elder Affairs; and Senator Yarborough 590-03310-23 20231146c2 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 that the determination of parental 8 responsibility and child support and the creation of a 9 parenting plan and a time-sharing schedule be 10 established through a certain action; amending s. 11 744.301, F.S.; specifying that the mother of a child 12 born out of wedlock and a father who has established 13 paternity of such child are the natural guardians of 14 the child and are entitled and subject to the rights 15 and responsibilities of being parents if certain 16 conditions are met; providing that if a father of a 17 child born out of wedlock has not established 18 paternity under specified provisions, the mother is 19 the natural guardian of the child; providing an 20 effective date. 21 22 Be It Enacted by the Legislature of the State of Florida: 23 24 Section 1.Section 742.011, Florida Statutes, is amended to 25 read: 26 742.011Proceedings for determination of paternity, rights, 27 and responsibilities proceedings; jurisdiction.Any woman who is 28 pregnant or has a child, any man who has reason to believe that 29 he is the father of a child, or any child may bring proceedings 30 in the circuit court, in chancery, to determine the paternity of 31 the child when paternity has not been established by law or 32 otherwise. After the birth of a child, a parent may request a 33 determination of parental responsibility and child support and 34 for the creation of a parenting plan and time-sharing schedule 35 pursuant to chapter 61. 36 Section 2.Subsection (5) of section 742.10, Florida 37 Statutes, is amended to read: 38 742.10Establishment of paternity for children born out of 39 wedlock. 40 (5)Regardless of whether paternity is established in an 41 action under s. 742.011 or this section, the determination of 42 parental responsibility and child support and creation of a 43 parenting plan and a time-sharing schedule must be established 44 in an action brought under s. 742.011, except that the 45 Department of Revenue may establish an administrative support 46 order as provided by s. 409.2563. Judicial or administrative 47 proceedings are not required or permitted to ratify an 48 unchallenged acknowledgment of paternity. 49 Section 3.Subsection (1) of section 744.301, Florida 50 Statutes, is amended to read: 51 744.301Natural guardians. 52 (1)The parents jointly are the natural guardians of their 53 own children and of their adopted children, during minority, 54 unless the parents parental rights have been terminated 55 pursuant to chapter 39. If a child is the subject of any 56 proceeding under chapter 39, the parents may act as natural 57 guardians under this section unless the court division with 58 jurisdiction over guardianship matters finds that it is not in 59 the childs best interests. If one parent dies, the surviving 60 parent remains the sole natural guardian even if he or she 61 remarries. If the marriage between the parents is dissolved, the 62 natural guardianship belongs to the parent to whom sole parental 63 responsibility has been granted, or if the parents have been 64 granted shared parental responsibility, both continue as natural 65 guardians. If the marriage is dissolved and neither parent is 66 given parental responsibility for the child, neither may act as 67 natural guardian of the child. The mother of a child born out of 68 wedlock and a father who has paternity established under s. 69 742.011 or s. 742.10 are the natural guardians of the child and 70 are entitled and subject to the rights and responsibilities of 71 parents. If a father has not established paternity under s. 72 742.011 or s. 742.10, the mother of a child born out of wedlock 73 is the natural guardian of the child and is entitled to primary 74 residential care and custody of the child unless the court 75 enters an order stating otherwise. 76 Section 4.This act shall take effect July 1, 2023.