Blog

New Law Regarding Time-sharing in Orlando, Florida

There is a new law in the State of Florida regarding Time-sharing. It became effective on July 1, 2023. The new law is codified in Florida House Bill 1301. Why is this important? It is important to know about this, especially if you are involved in a custody case or divorce case involving children in the Orlando, Florida area. 

You need to know that because the new law creates a rebuttable presumption that equal time-sharing is in the best interests of a child. That was not the law previously. The legislature states in the new law that it is the public policy of this state that each minor child has frequent and continuing contact with both parents after the parents separate or the marriage of the parties is dissolved and to encourage parents to share the rights and responsibilities, and joys, of childrearing. 

You can rebut that presumption. To do so, you must prove by a preponderance of the evidence that equal time-sharing is not in the best interest of the minor child. Except when the time-sharing schedule is agreed to by the parties and approved by the court, the court must evaluate all of the factors set forth in subsection (3) and make specific written findings of fact when creating or modifying a time-sharing schedule.  

The court shall order that the parental responsibility for a minor child shall be shared by both parents unless the court finds that shared responsibility would be detrimental to the child. The following creates a rebuttable presumption of detriment to the child: a. A parent has been convicted of a misdemeanor of the first degree or higher involving domestic violence, as defined in s. 741.28 and chapter 775; b. A parent meets the criteria of s. 39.806(1)(d); c. A parent has been convicted of or had adjudication withheld for an offense enumerated in s. 943.0435(1)(h) 1.a, and at the time of the offense: (I) The parent was 18 years of age or older. (II) The victim was under 18 years of age or the parent believed the victim to be under 18 years of age. 

If the presumption is not rebutted after the convicted parent is advised by the court that the presumption exists, shared parental responsibility, including time-sharing with the child, and decisions made regarding the child, may not be granted to the convicted parent. However, the convicted parent is not relieved of any obligation to provide financial support. 

You can see the complete new law by Googling Florida House Bill 1301. 

If you have more questions regarding a Marital and Family Law matter, you may call Ann Marie Giordano Gilden at Ann Marie Giordano Gilden, P.A. at 407-732-7620 and set an initial consultation. 

This article is for informational purposes only and does not form an attorney client privilege.