Florida’s new stance on child custody is rooted in the belief that children benefit most when both parents play active roles in their lives, regardless of the marital status of the parents.
Highlights of the New Legislation (HB 1301)
Rebuttable Presumption for Equal Time-Sharing:
- The core of HB 1301 is its presumption that a 50/50 time-sharing arrangement is in the best interests of the child.
- If both parents enter court without any objections, the default presumption is equal time-sharing.
Provisions for Relocation:
- Courts are now empowered to consider modifications to the time-sharing schedule if a parent relocates within 50 miles of the child.
- This marks a significant shift from previous stipulations.
Overcoming the Presumption:
- To counter the default equal time-sharing presumption, a party must demonstrate by a preponderance of the evidence that such an arrangement isn’t in the child’s best interests.
Focus on the Child’s Best Interests:
- Courts will prioritize the child’s welfare in determining the appropriate time-sharing structure.
- Various factors under 61.13 will be evaluated to ensure the child’s well-being.
Parental Relocation Stipulations:
- HB 1301 clarifies the rules on parental relocation.
- If a parent relocates closer to the child under specific circumstances, it is considered a substantial and material change.
- This change aids in potentially modifying the existing time-sharing schedule and parenting plan.
Removal of Unanticipated Changes Requirement:
- The new legislation eliminates the requirement that modifications to a parenting plan must be based on unforeseen substantial and material changes in circumstances.
Implications for Florida Families
This progressive legislation introduces more clarity and structure to child custody proceedings in Florida. By emphasizing equal time-sharing, the state acknowledges the pivotal role of both parents in a child’s life.
- Even if one parent pleads for majority time-sharing, it is no longer a given.
- It has become an uphill battle for the pleading party, who now carries the burden of proof.
HB 1301 reflects Florida's commitment to ensuring fairness and equity in child custody arrangements while prioritizing the child’s best interests.