Florida Senate - 2013                                    SB 1466
       By Senator Lee
       24-01279A-13                                          20131466__
    1                        A bill to be entitled                      
    2         An act relating to shared parenting; amending 61.13,
    3         F.S.; establishing a presumption that it is in the
    4         best interests of the child for the court to order
    5         equal time-sharing for each minor child; providing
    6         exceptions; providing an effective date.
    8  Be It Enacted by the Legislature of the State of Florida:
   10         Section 1. Paragraph (c) of subsection (2) of section
   11  61.13, Florida Statutes, is amended to read:
   12         61.13 Support of children; parenting and time-sharing;
   13  powers of court.—
   14         (2)
   15         (c) The court shall determine all matters relating to
   16  parenting and time-sharing of each minor child of the parties in
   17  accordance with the best interests of the child and in
   18  accordance with the Uniform Child Custody Jurisdiction and
   19  Enforcement Act, except that modification of a parenting plan
   20  and time-sharing schedule requires a showing of a substantial,
   21  material, and unanticipated change of circumstances.
   22         1. It is the public policy of this state that each minor
   23  child has frequent and continuing contact with both parents
   24  after the parents separate or the marriage of the parties is
   25  dissolved and to encourage parents to share the rights and
   26  responsibilities, and joys, of childrearing. There is no
   27  presumption for or against the father or mother of the child or
   28  for or against any specific time-sharing schedule when creating
   29  or modifying the parenting plan of the child. Equal time-sharing
   30  with a minor child by both parents is presumed to be in the best
   31  interests of the child unless the court finds that a parent is
   32  unfit, that the distance between parental residences is so great
   33  as to make equal time-sharing impracticable, or that a parent
   34  does not request at least 50 percent time-sharing.
   35         2. The court shall order that the parental responsibility
   36  for a minor child be shared by both parents unless the court
   37  finds that shared parental responsibility would be detrimental
   38  to the child. Evidence that a parent has been convicted of a
   39  misdemeanor of the first degree or higher involving domestic
   40  violence, as defined in s. 741.28 and chapter 775, or meets the
   41  criteria of s. 39.806(1)(d), creates a rebuttable presumption of
   42  detriment to the child. If the presumption is not rebutted after
   43  the convicted parent is advised by the court that the
   44  presumption exists, shared parental responsibility, including
   45  time-sharing with the child, and decisions made regarding the
   46  child, may not be granted to the convicted parent. However, the
   47  convicted parent is not relieved of any obligation to provide
   48  financial support. If the court determines that shared parental
   49  responsibility would be detrimental to the child, it may order
   50  sole parental responsibility and make such arrangements for
   51  time-sharing as specified in the parenting plan as will best
   52  protect the child or abused spouse from further harm. Whether or
   53  not there is a conviction of any offense of domestic violence or
   54  child abuse or the existence of an injunction for protection
   55  against domestic violence, the court shall consider evidence of
   56  domestic violence or child abuse as evidence of detriment to the
   57  child.
   58         a. In ordering shared parental responsibility, the court
   59  may consider the expressed desires of the parents and may grant
   60  to one party the ultimate responsibility over specific aspects
   61  of the child’s welfare or may divide those responsibilities
   62  between the parties based on the best interests of the child.
   63  Areas of responsibility may include education, health care, and
   64  any other responsibilities that the court finds unique to a
   65  particular family.
   66         b. The court shall order sole parental responsibility for a
   67  minor child to one parent, with or without time-sharing with the
   68  other parent if it is in the best interests of the minor child.
   69         3. Access to records and information pertaining to a minor
   70  child, including, but not limited to, medical, dental, and
   71  school records, may not be denied to either parent. Full rights
   72  under this subparagraph apply to either parent unless a court
   73  order specifically revokes these rights, including any
   74  restrictions on these rights as provided in a domestic violence
   75  injunction. A parent having rights under this subparagraph has
   76  the same rights upon request as to form, substance, and manner
   77  of access as are available to the other parent of a child,
   78  including, without limitation, the right to in-person
   79  communication with medical, dental, and education providers.
   80         Section 2. This act shall take effect July 1, 2013.