Florida Senate - 2013 COMMITTEE AMENDMENT Bill No. SB 718 Barcode 316752 LEGISLATIVE ACTION Senate . House Comm: RCS . 03/13/2013 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Judiciary (Lee) recommended the following: 1 Senate Substitute for Amendment (209714) (with title 2 amendment) 3 4 Between lines 410 and 411 5 insert: 6 Section 3. Paragraph (c) of subsection (2) of section 7 61.13, Florida Statutes, is amended to read: 8 61.13 Support of children; parenting and time-sharing; 9 powers of court.— 10 (2) 11 (c) The court shall determine all matters relating to 12 parenting and time-sharing of each minor child of the parties in 13 accordance with the best interests of the child and in 14 accordance with the Uniform Child Custody Jurisdiction and 15 Enforcement Act, except that modification of a parenting plan 16 and time-sharing schedule requires a showing of a substantial, 17 material, and unanticipated change of circumstances. 18 1. It is the public policy of this state that each minor 19 child has frequent and continuing contact with both parents 20 after the parents separate or the marriage of the parties is 21 dissolved and to encourage parents to share the rights and 22 responsibilities, and joys, of childrearing. There is no 23 presumption for or against the father or mother of the child or 24 for or against any specific time-sharing schedule when creating 25 or modifying the parenting plan of the child. Equal time-sharing 26 with a minor child by both parents is presumed to be in the best 27 interests of the child unless the court finds that: 28 a. The safety, well-being, and physical, mental, and 29 emotional health of the child would be endangered by equal time 30 sharing, that visitation would be presumed detrimental 31 consistent with s. 39.0139(3), or that supervised visitation is 32 appropriate, if any is appropriate; 33 b. Clear and convincing evidence of extenuating 34 circumstances justify a departure from equal time-sharing and 35 the court makes written findings justifying the departure from 36 equal time-sharing; 37 c. A parent is incarcerated; 38 d. The distance between parental residences makes equal 39 time-sharing impracticable; 40 e. A parent does not request at least 50 percent time 41 sharing; 42 f. A parent has been convicted of a misdemeanor of the 43 first degree or higher involving domestic violence; or 44 g. A parent is subject to an injunction for protection 45 against domestic violence. 46 2. The court shall order that the parental responsibility 47 for a minor child be shared by both parents unless the court 48 finds that shared parental responsibility would be detrimental 49 to the child. Evidence that a parent has been convicted of a 50 misdemeanor of the first degree or higher involving domestic 51 violence, as defined in s. 741.28 and chapter 775, or meets the 52 criteria of s. 39.806(1)(d), creates a rebuttable presumption of 53 detriment to the child. If the presumption is not rebutted after 54 the convicted parent is advised by the court that the 55 presumption exists, shared parental responsibility, including 56 time-sharing with the child, and decisions made regarding the 57 child, may not be granted to the convicted parent. However, the 58 convicted parent is not relieved of any obligation to provide 59 financial support. If the court determines that shared parental 60 responsibility would be detrimental to the child, it may order 61 sole parental responsibility and make such arrangements for 62 time-sharing as specified in the parenting plan as will best 63 protect the child or abused spouse from further harm. Whether or 64 not there is a conviction of any offense of domestic violence or 65 child abuse or the existence of an injunction for protection 66 against domestic violence, the court shall consider evidence of 67 domestic violence or child abuse as evidence of detriment to the 68 child. 69 a. In ordering shared parental responsibility, the court 70 may consider the expressed desires of the parents and may grant 71 to one party the ultimate responsibility over specific aspects 72 of the child’s welfare or may divide those responsibilities 73 between the parties based on the best interests of the child. 74 Areas of responsibility may include education, health care, and 75 any other responsibilities that the court finds unique to a 76 particular family. 77 b. The court shall order sole parental responsibility for a 78 minor child to one parent, with or without time-sharing with the 79 other parent if it is in the best interests of the minor child. 80 3. Access to records and information pertaining to a minor 81 child, including, but not limited to, medical, dental, and 82 school records, may not be denied to either parent. Full rights 83 under this subparagraph apply to either parent unless a court 84 order specifically revokes these rights, including any 85 restrictions on these rights as provided in a domestic violence 86 injunction. A parent having rights under this subparagraph has 87 the same rights upon request as to form, substance, and manner 88 of access as are available to the other parent of a child, 89 including, without limitation, the right to in-person 90 communication with medical, dental, and education providers. 91 Section 4. The amendment by this act to s. 61.13, Florida 92 Statutes, which creates a presumption in favor of equal time 93 sharing applies prospectively to initial final custody orders 94 made on or after July 1, 2013. The amendments do not constitute 95 a substantial change in circumstances which warrant the 96 modification of a final custody order entered before July 1, 97 2013. 98 99 ================= T I T L E A M E N D M E N T ================ 100 And the title is amended as follows: 101 Delete line 28 102 and insert: 103 alimony; amending 61.13, F.S.; establishing a 104 presumption that it is in the best interests of the 105 child for the court to order equal time-sharing for 106 each minor child; providing exceptions; amending s. 107 61.14, F.S.; providing for prospective application of 108 the presumption in favor of equal time-sharing; 109 authorizing a party