Florida Senate - 2023                             CS for SB 1292
       
       
        
       By the Committee on Children, Families, and Elder Affairs; and
       Senator Jones
       
       
       
       
       586-03092-23                                          20231292c1
    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; creating a presumption for purposes of
    6         modifying a parenting plan and time-sharing schedule
    7         regarding relocation of a parent; establishing the
    8         manner in which to rebut such presumption; providing
    9         an effective date.
   10          
   11  Be It Enacted by the Legislature of the State of Florida:
   12  
   13         Section 1. Paragraph (c) of subsection (2) and subsection
   14  (3) of section 61.13, Florida Statutes, are amended to read:
   15         61.13 Support of children; parenting and time-sharing;
   16  powers of court.—
   17         (2)
   18         (c) The court shall determine all matters relating to
   19  parenting and time-sharing of each minor child of the parties in
   20  accordance with the best interests of the child and in
   21  accordance with the Uniform Child Custody Jurisdiction and
   22  Enforcement Act, except that modification of a parenting plan
   23  and time-sharing schedule requires a showing of a substantial,
   24  material, and unanticipated change of circumstances.
   25         1. It is the public policy of this state that each minor
   26  child has frequent and continuing contact with both parents
   27  after the parents separate or the marriage of the parties is
   28  dissolved and to encourage parents to share the rights and
   29  responsibilities, and joys, of childrearing. Unless otherwise
   30  provided in this section or agreed to by the parties, there is a
   31  presumption that equal time-sharing of a minor child is in the
   32  best interests of the minor child who is common to the parties
   33  Except as otherwise provided in this paragraph, there is no
   34  presumption for or against the father or mother of the child or
   35  for or against any specific time-sharing schedule when creating
   36  or modifying the parenting plan of the child. To rebut this
   37  presumption, the party in opposition to equal time-sharing must
   38  prove by competent and substantial evidence that equal time
   39  sharing is not in the best interests of the minor child who is
   40  common to the parties.
   41         2. The court shall order that the parental responsibility
   42  for a minor child be shared by both parents unless the court
   43  finds that shared parental responsibility would be detrimental
   44  to the child. The following evidence creates a rebuttable
   45  presumption of detriment to the child:
   46         a. A parent has been convicted of a misdemeanor of the
   47  first degree or higher involving domestic violence, as defined
   48  in s. 741.28 and chapter 775;
   49         b. A parent meets the criteria of s. 39.806(1)(d); or
   50         c. A parent has been convicted of or had adjudication
   51  withheld for an offense enumerated in s. 943.0435(1)(h)1.a., and
   52  at the time of the offense:
   53         (I) The parent was 18 years of age or older.
   54         (II) The victim was under 18 years of age or the parent
   55  believed the victim to be under 18 years of age.
   56  
   57  If the presumption is not rebutted after the convicted parent is
   58  advised by the court that the presumption exists, shared
   59  parental responsibility, including time-sharing with the child,
   60  and decisions made regarding the child, may not be granted to
   61  the convicted parent. However, the convicted parent is not
   62  relieved of any obligation to provide financial support. If the
   63  court determines that shared parental responsibility would be
   64  detrimental to the child, it may order sole parental
   65  responsibility and make such arrangements for time-sharing as
   66  specified in the parenting plan as will best protect the child
   67  or abused spouse from further harm. Whether or not there is a
   68  conviction of any offense of domestic violence or child abuse or
   69  the existence of an injunction for protection against domestic
   70  violence, the court shall consider evidence of domestic violence
   71  or child abuse as evidence of detriment to the child.
   72         3. In ordering shared parental responsibility, the court
   73  may consider the expressed desires of the parents and may grant
   74  to one party the ultimate responsibility over specific aspects
   75  of the child’s welfare or may divide those responsibilities
   76  between the parties based on the best interests of the child.
   77  Areas of responsibility may include education, health care, and
   78  any other responsibilities that the court finds unique to a
   79  particular family.
   80         4. The court shall order sole parental responsibility for a
   81  minor child to one parent, with or without time-sharing with the
   82  other parent if it is in the best interests of the minor child.
   83         5. There is a rebuttable presumption against granting time
   84  sharing with a minor child if a parent has been convicted of or
   85  had adjudication withheld for an offense enumerated in s.
   86  943.0435(1)(h)1.a., and at the time of the offense:
   87         a. The parent was 18 years of age or older.
   88         b. The victim was under 18 years of age or the parent
   89  believed the victim to be under 18 years of age.
   90  
   91  A parent may rebut the presumption upon a specific finding in
   92  writing by the court that the parent poses no significant risk
   93  of harm to the child and that time-sharing is in the best
   94  interests of the minor child. If the presumption is rebutted,
   95  the court shall consider all time-sharing factors in subsection
   96  (3) when developing a time-sharing schedule.
   97         6. Access to records and information pertaining to a minor
   98  child, including, but not limited to, medical, dental, and
   99  school records, may not be denied to either parent. Full rights
  100  under this subparagraph apply to either parent unless a court
  101  order specifically revokes these rights, including any
  102  restrictions on these rights as provided in a domestic violence
  103  injunction. A parent having rights under this subparagraph has
  104  the same rights upon request as to form, substance, and manner
  105  of access as are available to the other parent of a child,
  106  including, without limitation, the right to in-person
  107  communication with medical, dental, and education providers.
  108         (3) For purposes of establishing or modifying parental
  109  responsibility and creating, developing, approving, or modifying
  110  a parenting plan, including a time-sharing schedule, which
  111  governs each parent’s relationship with his or her minor child
  112  and the relationship between each parent with regard to his or
  113  her minor child, the best interests interest of the child shall
  114  be the primary consideration. A determination of parental
  115  responsibility, a parenting plan, or a time-sharing schedule may
  116  not be modified without a showing of a substantial, material,
  117  and unanticipated change in circumstances and a determination
  118  that the modification is in the best interests of the child. For
  119  purposes of modifying a parenting plan and time-sharing
  120  schedule, a parent’s permanent relocation from a residence more
  121  than 50 miles from the primary residence of the child to a
  122  residence within 50 miles of the primary residence of the child
  123  is presumed to be a substantial, material, and unanticipated
  124  change in circumstances. Determination of the best interests of
  125  the child shall be made by evaluating all of the factors
  126  affecting the welfare and interests of the particular minor
  127  child and the circumstances of that family, including, but not
  128  limited to:
  129         (a) The demonstrated capacity and disposition of each
  130  parent to facilitate and encourage a close and continuing
  131  parent-child relationship, to honor the time-sharing schedule,
  132  and to be reasonable when changes are required.
  133         (b) The anticipated division of parental responsibilities
  134  after the litigation, including the extent to which parental
  135  responsibilities will be delegated to third parties.
  136         (c) The demonstrated capacity and disposition of each
  137  parent to determine, consider, and act upon the needs of the
  138  child as opposed to the needs or desires of the parent.
  139         (d) The length of time the child has lived in a stable,
  140  satisfactory environment and the desirability of maintaining
  141  continuity.
  142         (e) The geographic viability of the parenting plan, with
  143  special attention paid to the needs of school-age children and
  144  the amount of time to be spent traveling to effectuate the
  145  parenting plan. This factor does not create a presumption for or
  146  against relocation of either parent with a child.
  147         (f) The moral fitness of the parents.
  148         (g) The mental and physical health of the parents.
  149         (h) The home, school, and community record of the child.
  150         (i) The reasonable preference of the child, if the court
  151  deems the child to be of sufficient intelligence, understanding,
  152  and experience to express a preference.
  153         (j) The demonstrated knowledge, capacity, and disposition
  154  of each parent to be informed of the circumstances of the minor
  155  child, including, but not limited to, the child’s friends,
  156  teachers, medical care providers, daily activities, and favorite
  157  things.
  158         (k) The demonstrated capacity and disposition of each
  159  parent to provide a consistent routine for the child, such as
  160  discipline, and daily schedules for homework, meals, and
  161  bedtime.
  162         (l) The demonstrated capacity of each parent to communicate
  163  with and keep the other parent informed of issues and activities
  164  regarding the minor child, and the willingness of each parent to
  165  adopt a unified front on all major issues when dealing with the
  166  child.
  167         (m) Evidence of domestic violence, sexual violence, child
  168  abuse, child abandonment, or child neglect, regardless of
  169  whether a prior or pending action relating to those issues has
  170  been brought. If the court accepts evidence of prior or pending
  171  actions regarding domestic violence, sexual violence, child
  172  abuse, child abandonment, or child neglect, the court must
  173  specifically acknowledge in writing that such evidence was
  174  considered when evaluating the best interests of the child.
  175         (n) Evidence that either parent has knowingly provided
  176  false information to the court regarding any prior or pending
  177  action regarding domestic violence, sexual violence, child
  178  abuse, child abandonment, or child neglect.
  179         (o) The particular parenting tasks customarily performed by
  180  each parent and the division of parental responsibilities before
  181  the institution of litigation and during the pending litigation,
  182  including the extent to which parenting responsibilities were
  183  undertaken by third parties.
  184         (p) The demonstrated capacity and disposition of each
  185  parent to participate and be involved in the child’s school and
  186  extracurricular activities.
  187         (q) The demonstrated capacity and disposition of each
  188  parent to maintain an environment for the child which is free
  189  from substance abuse.
  190         (r) The capacity and disposition of each parent to protect
  191  the child from the ongoing litigation as demonstrated by not
  192  discussing the litigation with the child, not sharing documents
  193  or electronic media related to the litigation with the child,
  194  and refraining from disparaging comments about the other parent
  195  to the child.
  196         (s) The developmental stages and needs of the child and the
  197  demonstrated capacity and disposition of each parent to meet the
  198  child’s developmental needs.
  199         (t) Any other factor that is relevant to the determination
  200  of a specific parenting plan, including the time-sharing
  201  schedule.
  202         Section 2. This act shall take effect July 1, 2023.