House Bill hb0215

    Florida House of Representatives - 2001                 HB 215

        By Representative Cusack






  1                      A bill to be entitled

  2         An act relating to parental rights; amending s.

  3         61.13, F.S.; providing that specified rights

  4         apply to both parents; providing an effective

  5         date.

  6

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

  8

  9         Section 1.  Paragraph (b) of subsection (2) of section

10  61.13, Florida Statutes, is amended to read:

11         61.13  Custody and support of children; visitation

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

13         (2)

14         (b)1.  The court shall determine all matters relating

15  to custody of each minor child of the parties in accordance

16  with the best interests of the child and in accordance with

17  the Uniform Child Custody Jurisdiction Act. It is the public

18  policy of this state to assure that each minor child has

19  frequent and continuing contact with both parents after the

20  parents separate or the marriage of the parties is dissolved

21  and to encourage parents to share the rights and

22  responsibilities, and joys, of childrearing. After considering

23  all relevant facts, the father of the child shall be given the

24  same consideration as the mother in determining the primary

25  residence of a child irrespective of the age or sex of the

26  child.

27         2.  The court shall order that the parental

28  responsibility for a minor child be shared by both parents

29  unless the court finds that shared parental responsibility

30  would be detrimental to the child. Evidence that a parent has

31  been convicted of a felony of the third degree or higher

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






    Florida House of Representatives - 2001                 HB 215

    799-101-01






  1  involving domestic violence, as defined in s. 741.28 and

  2  chapter 775, or meets the criteria of s. 39.806(1)(d), creates

  3  a rebuttable presumption of detriment to the child. If the

  4  presumption is not rebutted, shared parental responsibility,

  5  including visitation, residence of the child, and decisions

  6  made regarding the child, may not be granted to the convicted

  7  parent. However, the convicted parent is not relieved of any

  8  obligation to provide financial support. If the court

  9  determines that shared parental responsibility would be

10  detrimental to the child, it may order sole parental

11  responsibility and make such arrangements for visitation as

12  will best protect the child or abused spouse from further

13  harm. Whether or not there is a conviction of any offense of

14  domestic violence or child abuse or the existence of an

15  injunction for protection against domestic violence, the court

16  shall consider evidence of domestic violence or child abuse as

17  evidence of detriment to the child.

18         a.  In ordering shared parental responsibility, the

19  court may consider the expressed desires of the parents and

20  may grant to one party the ultimate responsibility over

21  specific aspects of the child's welfare or may divide those

22  responsibilities between the parties based on the best

23  interests of the child. Areas of responsibility may include

24  primary residence, education, medical and dental care, and any

25  other responsibilities that the court finds unique to a

26  particular family.

27         b.  The court shall order "sole parental

28  responsibility, with or without visitation rights, to the

29  other parent when it is in the best interests of" the minor

30  child.

31

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    Florida House of Representatives - 2001                 HB 215

    799-101-01






  1         c.  The court may award the grandparents visitation

  2  rights with a minor child if it is in the child's best

  3  interest. Grandparents have legal standing to seek judicial

  4  enforcement of such an award. This section does not require

  5  that grandparents be made parties or given notice of

  6  dissolution pleadings or proceedings, nor do grandparents have

  7  legal standing as "contestants" as defined in s. 61.1306. A

  8  court may not order that a child be kept within the state or

  9  jurisdiction of the court solely for the purpose of permitting

10  visitation by the grandparents.

11         3.  Access to records and information pertaining to a

12  minor child, including, but not limited to, medical, dental,

13  and school records, may not be denied to a parent because the

14  parent is not the child's primary residential parent. Full

15  rights under this subparagraph apply to either parent unless a

16  court order specifically revokes these rights. A parent having

17  rights under this subparagraph has the same rights as to form,

18  substance, and manner of access as are available to the other

19  parent of a child, including, without limitation, the right to

20  in-person communication with medical, dental, and education

21  providers.

22         Section 2.  This act shall take effect July 1, 2001.

23

24            *****************************************

25                          SENATE SUMMARY

26    Clarifies that rights of access to records and
      information pertaining to a minor child, including the
27    right to in-person communication with medical, dental,
      and education providers, apply to either parent in the
28    absence of a court order specifically revoking these
      rights.
29

30

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