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A bill to be entitled

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An act relating to child custody and visitation; amending

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s. 61.13, F.S.; revising the application of a rebuttable

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presumption that a parent is a detriment to his or her

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child if he or she is convicted of a crime involving

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domestic violence from a felony of the third degree or

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higher to a misdemeanor of the first degree or higher;

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requiring a court to make explicit written findings that,

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when determining the best interests of a child for the

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purposes of shared parental responsibility and visitation,

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the court considered evidence of domestic or sexual

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violence and child abuse, abandonment, or neglect;

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providing an effective date.

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

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     Section 1.  Paragraph (b) of subsection (2) and paragraph

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(l) of subsection (3) of section 61.13, Florida Statutes, are

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amended, present subsections (4) through (9) of that section are

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redesignated as subsections (5) through (10), respectively, and a

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new subsection (4) is added to that section, to read:

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     61.13  Custody and support of children; visitation rights;

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power of court in making orders.--

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     (2)

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

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custody of each minor child of the parties in accordance with the

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best interests of the child and in accordance with the Uniform

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Child Custody Jurisdiction and Enforcement Act. It is the public

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

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and continuing contact with both parents after the parents

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separate or the marriage of the parties is dissolved and to

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encourage parents to share the rights and responsibilities, and

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joys, of childrearing. After considering all relevant facts, the

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father of the child shall be given the same consideration as the

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mother in determining the primary residence of a child

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irrespective of the age or sex of the child.

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     2.  The court shall order that the parental responsibility

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for a minor child be shared by both parents unless the court

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finds that shared parental responsibility would be detrimental to

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the child. Evidence that a parent has been convicted of a

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misdemeanor felony of the first third degree or higher involving

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domestic violence, as defined in s. 741.28 and chapter 775, or

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meets the criteria of s. 39.806(1)(d), creates a rebuttable

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presumption of detriment to the child. If the presumption is not

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rebutted, shared parental responsibility, including visitation,

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residence of the child, and decisions made regarding the child,

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may not be granted to the convicted parent. However, the

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convicted parent is not relieved of any obligation to provide

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financial support. If the court determines that shared parental

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responsibility would be detrimental to the child, it may order

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sole parental responsibility and make such arrangements for

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visitation as will best protect the child or abused spouse from

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

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of domestic violence or child abuse or the existence of an

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injunction for protection against domestic violence, the court

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shall consider evidence of domestic violence or child abuse as

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evidence of detriment to the child.

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     a.  In ordering shared parental responsibility, the court

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may consider the expressed desires of the parents and may grant

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to one party the ultimate responsibility over specific aspects of

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the child's welfare or may divide those responsibilities between

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the parties based on the best interests of the child. Areas of

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responsibility may include primary residence, education, medical

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and dental care, and any other responsibilities that the court

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finds unique to a particular family.

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     b.  The court shall order "sole parental responsibility,

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with or without visitation rights, to the other parent when it is

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in the best interests of" the minor child.

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     3.  Access to records and information pertaining to a minor

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child, including, but not limited to, medical, dental, and school

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records, may not be denied to a parent because the parent is not

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the child's primary residential parent. Full rights under this

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subparagraph apply to either parent unless a court order

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specifically revokes these rights, including any restrictions on

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these rights as provided in a domestic violence injunction. A

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parent having rights under this subparagraph has the same rights

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upon request as to form, substance, and manner of access as are

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available to the other parent of a child, including, without

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limitation, the right to in-person communication with medical,

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dental, and education providers.

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     (3)  For purposes of shared parental responsibility and

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primary residence, the best interests of the child shall include

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an evaluation of all factors affecting the welfare and interests

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of the child, including, but not limited to:

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     (l) Evidence of domestic violence, sexual violence, or

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child abuse, child abandonment, or child neglect, regardless

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of whether a prior or pending action regarding those issues has

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been brought.

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     (4) For purposes of determining shared parental

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responsibility and visitation, if the court accepts evidence of

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domestic violence, sexual violence, child abuse, child

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abandonment, or child neglect, the court shall specifically

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acknowledge in writing that, when considering the best interests

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of the child, the court considered evidence of domestic violence,

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sexual violence, child abuse, child abandonment, or child neglect

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as required by paragraph (3)(l).

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     Section 2.  This act shall take effect July 1, 2008.