On June 27, 2023, Governor DeSantis signed into law HB 1301, which substantially changes Florida’s existing laws on parenting and time-sharing. The new law went into effect on July 1, 2023. Central Florida marital and family law attorney Michael Mendoza breaks down the three major changes.
Change #1: Creating an Equal (50-50) Time-sharing Presumption
The first significant change to Florida’s parenting and time-sharing statute is the creation of an equal time-sharing presumption.
Previously, Section 61.13(2)(c)1, Florida Statutes, provided that “there is no presumption for or against the father or mother of the child or for or against any specific time-sharing schedule when creating or modifying the parenting plan of the child.”
A “Rebuttable” Presumption
Effective July 1, 2023, that language has been amended to create a “rebuttable presumption that equal time-sharing of a minor child is in the best interests of the minor child.”
Still, the presumption in favor of equal (50-50) time-sharing may be rebutted, or overcome. To do so, a parent “must prove by a preponderance of the evidence” that a 50-50 schedule is not in the child’s best interest.
A “preponderance of the evidence” essentially means by the greater weight of the evidence or, stated differently, more likely than not.
The Court Must Still Evaluate Best Interest Factors
Importantly, this amendment does not excuse a family court judge from considering the various “best interest” factors in Section 61.13(3), such as the developmental stages and needs of the child or the capacity of each parent to provide a consistent routine for the child.
Instead, the new law requires the family court to evaluate all of the factors in Section 61.13(3) and to make written findings regarding each factor.
This evaluation is not necessary when the parents agree on a time-sharing schedule and that schedule is approved by the court.
Change #2: Revising the Modification Standard
The next significant revision deals with the standard for modifying, or changing, a determination of parental responsibility, a parenting plan, or a time-sharing schedule.
Previously, a parent seeking to change one of these three determinations must prove that a “substantial, material, and unanticipated change in circumstances” has occurred since the last determination. In other words, there must have been a significant change that is both relevant and was not expected at the time the last determination was made.
Now, effective July 1, 2023, a parent seeking to change a parental responsibility, parenting plan, or time-sharing responsibility determination must only prove that a “substantial and material change in circumstances” has occurred. The law no longer requires proof that the change was “unanticipated” or unexpected.
Change #3: Relocating Within 50 Miles
The third major change applies to parents of a child living more than 50 miles apart when the last parenting plan or time-sharing order was made.
Effective July 1, 2023, if one parent moves within 50 miles of the other parent, that move can now be considered a “substantial and material change in circumstance” to allow for a modification to the parenting plan or time-sharing schedule.
Still, the parent seeking the modification must prove that it is in the best interest of the child.
Application
HB 1301 became effective on July 1, 2023. The new law applies to cases currently pending or filed on or after that date.
Take The Next Step
If you have more questions about HB 1301 or how these changes apply to your family’s unique situation, please contact my office to schedule a consultation to speak with me.