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New Parenting and Time-Sharing of Minor Children Law

There is a new law on Parenting and Time Sharing of Minor Children. It is HB 1301. It became effective July 1, 2023. There are changes to Florida Statute 61.13. You can read Florida House Bill 1301 in its entirety here. 

How the Law Changes Time Sharing Plans

The new law no longer requires a showing of an unanticipated change of circumstance in order to modify the parenting plan. Now you only must show a substantial and material change in circumstance to modify a parenting plan. That makes it easier for you to change the time sharing schedule if you have a substantial and material change in circumstances. 

The law also creates a rebuttable presumption that equal time sharing wherein each parent has fifty percent of the time sharing is in the best interest of the child. Although most judges in Volusia, Seminole, and Orange County were already doing this, it is now the law. Therefore, the Court will start with each parent receiving fifty percent time sharing. 

However, you can rebut the presumption that equal time sharing is in the best interest of the child. To do that, you must prove by a preponderance of the evidence that equal time sharing is not in the best interest of the child. You must show that it is more probable than not that equal time sharing is not in the best interest of the child. 

Proving That Equal Time Sharing is Not in the Child’s Best Interest

How do you prove this? You can show this by showing that the other parent did one of the listed factors in HB 1301. In HB 1301, it is stated that the court shall order that the parental responsibility for a minor child be shared by both parents unless the court finds that shared parental responsibility would be detrimental to the child. The following evidence creates a rebuttable presumption of detriment to the child:

1. A parent has been convicted of a misdemeanor of the first degree or higher involving domestic violence. 
2. A parent meets the criteria of Florida Statute 39.806(1)(d). 
3. A parent has been convicted of or adjudication withheld for an offense enumerated in Florida Statute 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 may not be granted to the convicted parent. The court must evaluate and analyze the factors in Florida Statute 61.13(3) to determine the best interest of the child. 

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. You may also visit my website at https://www.annmariegildenlaw.com

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