Florida Senate - 2023 CS for CS for SB 1292 By the Committees on Rules; and Children, Families, and Elder Affairs; and Senator Jones 595-04051-23 20231292c2 1 A bill to be entitled 2 An act relating to parenting plans; amending s. 61.13, 3 F.S.; creating a presumption that equal time-sharing 4 is in the best interests of the child, with 5 exceptions; establishing the manner by which such 6 presumption may be rebutted; requiring the court to 7 evaluate certain factors and make specific written 8 findings of fact under certain circumstances; revising 9 requirements regarding modifying parental 10 responsibility, a parenting plan, or a time-sharing 11 schedule; authorizing the court to consider, under 12 certain circumstances, a specified move of a parent to 13 be a substantial and material change in circumstances 14 for certain purposes; providing an effective date. 15 16 Be It Enacted by the Legislature of the State of Florida: 17 18 Section 1.Paragraph (c) of subsection (2) and subsection 19 (3) of section 61.13, Florida Statutes, are amended to read: 20 61.13Support of children; 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 accordance with the best interests of the child and in 26 accordance with the Uniform 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 material, and unanticipated change of circumstances. 30 1.It is the public policy of this state 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 rebuttable no 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 time 41 sharing is not in the best interests of the minor child. Except 42 when a time-sharing schedule is agreed to by the parties and 43 approved by the court, the court shall 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 time 46 sharing 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 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 63 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 such arrangements for time-sharing as 72 specified in the parenting plan as will best protect the child 73 or abused spouse from further harm. Regardless of whether or not 74 there is a conviction of any offense of domestic violence or 75 child abuse or the existence of an injunction for protection 76 against domestic violence, the court shall consider evidence of 77 domestic violence or child abuse as evidence of detriment to the 78 child. 79 3.In ordering shared parental responsibility, the court 80 may consider the expressed desires of the parents and may grant 81 to one party the ultimate responsibility over specific aspects 82 of the childs welfare or may divide those responsibilities 83 between the parties based on the best interests of the child. 84 Areas of responsibility may include education, health care, and 85 any other responsibilities that the court finds unique to a 86 particular family. 87 4.The court must shall order sole parental responsibility 88 for a minor child to one parent, with or without time-sharing 89 with the other parent if it is in the best interests of the 90 minor child. 91 5.There is a rebuttable presumption against granting time 92 sharing with a minor child if a parent has been convicted of or 93 had adjudication withheld for an offense enumerated in s. 94 943.0435(1)(h)1.a., and at the time of the offense: 95 a.The parent was 18 years of age or older. 96 b.The victim was under 18 years of age or the parent 97 believed the victim to be under 18 years of age. 98 99 A parent may rebut the presumption upon a specific finding in 100 writing by the court that the parent poses no significant risk 101 of harm to the child and that time-sharing is in the best 102 interests of the minor child. If the presumption is rebutted, 103 the court must shall consider all time-sharing factors in 104 subsection (3) when developing a time-sharing schedule. 105 6.Access to records and information pertaining to a minor 106 child, including, but not limited to, medical, dental, and 107 school records, may not be denied to either parent. Full rights 108 under this subparagraph apply to either parent unless a court 109 order specifically revokes these rights, including any 110 restrictions on these rights as provided in a domestic violence 111 injunction. A parent having rights under this subparagraph has 112 the same rights upon request as to form, substance, and manner 113 of access as are available to the other parent of a child, 114 including, without limitation, the right to in-person 115 communication with medical, dental, and education providers. 116 (3)For purposes of establishing or modifying parental 117 responsibility and creating, developing, approving, or modifying 118 a parenting plan, including a time-sharing schedule, which 119 governs each parents relationship with his or her minor child 120 and the relationship between each parent with regard to his or 121 her minor child, the best interests interest of the child must 122 shall be the primary consideration. A determination of parental 123 responsibility, a parenting plan, or a time-sharing schedule may 124 not be modified without a showing of a substantial and, 125 material, and unanticipated change in circumstances and a 126 determination that the modification is in the best interests of 127 the child. If the parents of a child are residing greater than 128 50 miles apart at the time of the entry of the last order 129 establishing time-sharing and a parent moves within 50 miles of 130 the other parent, that move may be considered a substantial and 131 material change in circumstances for the purpose of a 132 modification to the time-sharing schedule, so long as there is a 133 determination that the modification is in the best interests of 134 the child. Determination of the best interests of the child 135 shall be made by evaluating all of the factors affecting the 136 welfare and interests of the particular minor child and the 137 circumstances of that family, including, but not limited to: 138 (a)The demonstrated capacity and disposition of each 139 parent to facilitate and encourage a close and continuing 140 parent-child relationship, to honor the time-sharing schedule, 141 and to be reasonable when changes are required. 142 (b)The anticipated division of parental responsibilities 143 after the litigation, including the extent to which parental 144 responsibilities will be delegated to third parties. 145 (c)The demonstrated capacity and disposition of each 146 parent to determine, consider, and act upon the needs of the 147 child as opposed to the needs or desires of the parent. 148 (d)The length of time the child has lived in a stable, 149 satisfactory environment and the desirability of maintaining 150 continuity. 151 (e)The geographic viability of the parenting plan, with 152 special attention paid to the needs of school-age children and 153 the amount of time to be spent traveling to effectuate the 154 parenting plan. This factor does not create a presumption for or 155 against relocation of either parent with a child. 156 (f)The moral fitness of the parents. 157 (g)The mental and physical health of the parents. 158 (h)The home, school, and community record of the child. 159 (i)The reasonable preference of the child, if the court 160 deems the child to be of sufficient intelligence, understanding, 161 and experience to express a preference. 162 (j)The demonstrated knowledge, capacity, and disposition 163 of each parent to be informed of the circumstances of the minor 164 child, including, but not limited to, the childs friends, 165 teachers, medical care providers, daily activities, and favorite 166 things. 167 (k)The demonstrated capacity and disposition of each 168 parent to provide a consistent routine for the child, such as 169 discipline, and daily schedules for homework, meals, and 170 bedtime. 171 (l)The demonstrated capacity of each parent to communicate 172 with and keep the other parent informed of issues and activities 173 regarding the minor child, and the willingness of each parent to 174 adopt a unified front on all major issues when dealing with the 175 child. 176 (m)Evidence of domestic violence, sexual violence, child 177 abuse, child abandonment, or child neglect, regardless of 178 whether a prior or pending action relating to those issues has 179 been brought. If the court accepts evidence of prior or pending 180 actions regarding domestic violence, sexual violence, child 181 abuse, child abandonment, or child neglect, the court must 182 specifically acknowledge in writing that such evidence was 183 considered when evaluating the best interests of the child. 184 (n)Evidence that either parent has knowingly provided 185 false information to the court regarding any prior or pending 186 action regarding domestic violence, sexual violence, child 187 abuse, child abandonment, or child neglect. 188 (o)The particular parenting tasks customarily performed by 189 each parent and the division of parental responsibilities before 190 the institution of litigation and during the pending litigation, 191 including the extent to which parenting responsibilities were 192 undertaken by third parties. 193 (p)The demonstrated capacity and disposition of each 194 parent to participate and be involved in the childs school and 195 extracurricular activities. 196 (q)The demonstrated capacity and disposition of each 197 parent to maintain an environment for the child which is free 198 from substance abuse. 199 (r)The capacity and disposition of each parent to protect 200 the child from the ongoing litigation as demonstrated by not 201 discussing the litigation with the child, not sharing documents 202 or electronic media related to the litigation with the child, 203 and refraining from disparaging comments about the other parent 204 to the child. 205 (s)The developmental stages and needs of the child and the 206 demonstrated capacity and disposition of each parent to meet the 207 childs developmental needs. 208 (t)Any other factor that is relevant to the determination 209 of a specific parenting plan, including the time-sharing 210 schedule. 211 Section 2.This act shall take effect July 1, 2023.