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. 7 8 Be It Enacted by the Legislature of the State of Florida: 9 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.