Title: Family Law

Summary: Creates presumption that approximately equal time-sharing by both parents is in best interest of child; revises finite list of factors that court must evaluate when determining whether presumption of approximately equal time-sharing is overcome; requires court order to be supported by written findings of fact; prohibits determination of parental responsibility, parenting plan, or time-sharing schedule unless certain determinations are made.

Full Text:
An act relating to family law; amending s. 61.13, F.S.; creating a presumption that approximately equal time-sharing by both parents is in the best interest of the child; revising a finite list of factors that a court must evaluate when determining whether the presumption of approximately equal time-sharing is overcome; requiring a court order to be supported by written findings of fact under certain circumstances; prohibiting a determination of parental responsibility, a parenting plan, or a time-sharing schedule unless certain determinations are made; providing an effective date. Be It Enacted by the Legislature of the State of Florida: Section 1. Subsecti on (3) of section 61.13, Florida Statutes, is amended to read: 61.13 Support of children; parenting and time-sharing; powers of court.-(3) For purposes of establishing or modifying parental responsibility and creating, developing, approving, or modify ing a parenting plan, including a time-sharing schedule, which governs each parent's relationship with his or her minor child and the relationship between each parent with regard to his or her minor child, the best interest of the child shall be the HB 2016 primary consideration. (a) Approximately equal time-sharing with a minor child by both parents is presumed to be in the best interest of the child. In determining whether the presumption is overcome, the court shall evaluate the evidence based on A determinati on of parental responsibility, a parenting plan, or a time-sharing schedule may not be modified without a showing of a substantial, material, and unanticipated change in circumstances and a determination that the modification is in the best interests of the child. Determination of the best interests of the child shall be made by evaluating all of the factors affecting the welfare and interests of the particular minor child and the circumstances of that family, including,but not limited to:1.(a) The demo nstrated capacity or and disposition of each parent to facilitate and encourage a close and continuing parent-child relationship, to honor the time-sharing schedule, and to be reasonable when changes are required. 2.(b) The anticipated division of parent al responsibilities after the litigation, including the extent to which parental responsibilities will be delegated to third parties. 3.(c) The demonstrated capacity and disposition of each parent to determine, consider, and act upon the needs of the child as opposed to the needs or desires of the parent. 4.(d) The length of time the child has lived in a stable, satisfactory environment and the desirability of maintaining HB 2016 continuity. 5.(e) The geographic viability of the parenting plan, with special a ttention paid to the needs of school-age children and the amount of time to be spent traveling to carry out effectuate the parenting plan. This factor does not create a presumption for or against relocation of either parent with a child. 6.(f) The moral fitness of the parents. 7.(g) The mental and physical health of the parents. 8.(h) The home, school, and community record of the child. 9.(i) The reasonable preference of the child,if the court deems the child to be of sufficient intelligence, under standing, and experience to express a preference. 10.(j) The demonstrated knowledge, capacity, or and disposition of each parent to be informed of the circumstances of the minor child, including, but not limited to, the child's friends, teachers, medical care providers, daily activities, and favorite things. 11.(k) The demonstrated capacity or and disposition of each parent to provide a consistent routine for the child, such as discipline,and daily schedules for homework, meals, and bedtime. 12.(l) The demonstrated capacity of each parent to communicate with the other parent and keep the other parent informed of issues and activities regarding the minor child, and the willingness of each parent to adopt a unified front on all major issues when dealing with the child. HB 2016 13.(m) Evidence of domestic violence, sexual violence, child abuse, child abandonment, or child neglect, regardless of whether a prior or pending action relating to those issues has been brought. If the court accepts evidence of prior or pending actions regarding domestic violence, sexual violence, child abuse, child abandonment, or child neglect, the court must specifically acknowledge in writing that such evidence was considered when evaluating the best interests of the child. 14.(n) Evidence that either parent has knowingly provided false information to the court regarding any prior or pending action regarding domestic violence, sexual violence, child abuse, child abandonment, or child neglect. 15.(o) The demonstrated capacity or disposition of each parent to perform or ensure the performance of particular parenting tasks customarily performed by the other each parent and the division of parental responsibilities before the institution of litigation and during the pending litigatio n, including the extent to which parenting responsibilities were undertaken by third parties. 16.(p) The demonstrated capacity and disposition of each parent to participate and be involved in the child's school and extracurricular activities. 17.(q) The demonstrated capacity and disposition of each parent to maintain an environment for the child which is free from substance abuse. 18.(r) The capacity and disposition of each parent to HB 2016 protect the child from the ongoing litigation as demonstrated by not discussing the litigation with the child, not sharing documents or electronic media related to the litigation with the child, and refraining from disparaging comments about the other parent to the child. 19.(s) The developmental stages and needs of the child and the demonstrated capacity and disposition of each parent to meet the child's developmental needs. 20. The amount of time-sharing requested by each parent. 21. The frequency that a parent would likely leave the child in the care of a nonrelati ve on evenings and weekends when the other parent would be available and willing to provide care. 22.(t) Any other factor that is relevant to the determination of a specific parenting plan, including the time sharing schedule. (b) A court order must be supported by written findings of fact if the order establishes an initial permanent time-sharing schedule that does not provide for approximately equal time sharing. (c) A determination of parental responsibility, a parenting plan, or a time-sharing sch edule may not be modified without a determination that such modification is in the best interest of the child and upon a showing of a substantial, material, and unanticipated change in circumstances. Section 2. This act shall take effect October 1, 6.