Florida's New Custody Law: 

Understanding the Changes

Starting July 1, 2023, Florida parents navigating child custody have a fresh set of rules to consider.

What does it say?  Florida Statute Section 61.13

As of July 1, 2023, section 61.13 of the Florida Statutes provides for a presumption that “equal timesharing” is in the minor child (ren)'s best interest.  The law enacts several key changes, including the presumed 50/50 time-sharing between parents and the removal of specific requirements to alter custody or time-sharing schedules. 

CS/HB 1301: Parenting and Time-sharing of Minor Children
GENERAL BILL by Judiciary Committee ; Persons-Mulicka ; (CO-INTRODUCERS) Basabe ; Benjamin ; Borrero ; Daniels ; Garcia ; Leek ; Lopez, V. ; Michael ; Mooney ; Plasencia ; Rizo ; Salzman

Parenting and Time-sharing of Minor Children; Removes requirement for unanticipated change in circumstances in order to modify parenting plan or time-sharing schedule; creates rebuttable presumption that equal time-sharing is in best interests of child; provides standard of evidence to rebut such presumption; requires court to evaluate certain factors & make specific written findings of fact when creating or modifying time-sharing schedule; authorizes modification of time-sharing schedule.

Effective Date: 7/1/2023
Last Action: 6/29/2023 - Chapter No. 2023-301; companion bill(s) passed, see CS/SB 1416 (Ch. 2023-315)

1. Equal Timesharing Presumption:

   • The new law establishes a rebuttable presumption that equal timesharing (50/50 custody) is in the best interest of the child.
   • Unless compelling reasons exist, courts will lean toward equal parenting time.

2. Simplified Paternity Establishment:

   • Unwed fathers no longer need to go to court and establish paternity to earn the title “father.”
   • Custody rights and support obligations now come without the previous legal hurdles.

3. Shared Parenting Emphasis:

   • The focus is on shared parenting and collaborative decision-making between parents.
   • Both mothers and fathers have equal opportunities to be actively involved in their child's life.

4. Easier Modification Process:

   • If circumstances change, modifying child custody is now more straightforward.
   • Parents can seek adjustments without excessive legal obstacles.

What Does This Mean for You?

• Fairness: The new law aims to create a level playing field for parents, regardless of marital status.
• Parental Involvement: Both mothers and fathers have an equal chance to participate in their child's upbringing.
• Navigating the Process: Accomplishing a parenting plan that does NOT have 50/50 timesharing will be much more difficult.

At Family Matters Law Group, we're here to guide you through the complexities of child custody. Let's ensure the best outcome for your family.

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Disclaimer: This information provides general guidance and does not constitute legal advice. Consult with a qualified attorney for personalized assistance.