CODING: Words stricken are deletions; words underlined are additions.
House Bill 1421e1




                                          HB 1421, First Engrossed



  1                      A bill to be entitled

  2         An act relating to child custody; amending s.

  3         61.13, F.S.; providing that no presumption

  4         shall arise in favor of or against a relocation

  5         request when a primary residential parent seeks

  6         to move the child; providing factors for the

  7         court to consider; creating s. 61.121, F.S.;

  8         providing for rotating custody of a child under

  9         certain circumstances; amending s. 61.052,

10         F.S.; providing for rotating custody during a

11         period of continuance; providing an effective

12         date.

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14  Be It Enacted by the Legislature of the State of Florida:

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16         Section 1.  Paragraph (d) is added to subsection (2) of

17  section 61.13, Florida Statutes, 1996 Supplement, to read:

18         61.13  Custody and support of children; visitation

19  rights; power of court in making orders.--

20         (2)

21         (d)  No presumption shall arise in favor of or against

22  a request to relocate when a primary residential parent seeks

23  to move the child and the move will materially affect the

24  current schedule of contact and access with the secondary

25  residential parent.  In making a determination as to whether

26  the primary residential parent may relocate with a child, the

27  court must consider the following factors:

28         1.  Whether the move would be likely to improve the

29  general quality of life for both the residential parent and

30  the child.

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CODING: Words stricken are deletions; words underlined are additions.






                                          HB 1421, First Engrossed



  1         2.  The extent to which visitation rights have been

  2  allowed and exercised.

  3         3.  Whether the primary residential parent, once out of

  4  the jurisdiction, will be likely to comply with any substitute

  5  visitation arrangements.

  6         4.  Whether the substitute visitation will be adequate

  7  to foster a continuing meaningful relationship between the

  8  child and the secondary residential parent.

  9         5.  Whether the cost of transportation is financially

10  affordable by one or both parties.

11         6.  Whether the move is in the best interests of the

12  child.

13         Section 2.  Section 61.121, F.S., is created to read:

14         61.121  Rotating custody.--

15         The court may order rotating custody if the court finds

16  that rotating custody will be in the best interest of the

17  child.

18         Section 3.  Subsection (3) of section 61.052, F.S.,

19  1996 Supplement, is amended to read:

20         61.052  Dissolution of marriage.--

21         (3)  During any period of continuance, the court may

22  make appropriate orders for the support and alimony of the

23  parties; the primary residence, custody, rotating custody,

24  visitation, support, maintenance, and education of the minor

25  child of the marriage; attorney's fees; and the preservation

26  of the property of the parties.

27         Section 4.  This act shall take effect July 1, 1997.

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