All couples who get divorced when minor children are involved must create a time-sharing schedule and parenting plan before the divorce can be finalized. A parenting plan is a written agreement between co-parents that states parental responsibilities and specifies when children will spend time with each parent. Parents are encouraged to work together to develop a plan in their children’s best interest. Until 2023, Florida courts did not favor one type of parental time-sharing arrangement over the other. However, new legislation (effective July 1, 2023) changed the court’s stance on preferred time-sharing arrangements and altered the conditions for modifying child custody arrangements. Learn more about the new guidelines and how they can impact your parenting plan here.
What Changes Were Made About Time-Sharing Laws in Florida?
Section 61.13 of the Florida Statutes was amended effective July 1, 2023. The amendment updated existing laws about how parents create time-sharing schedules and modify custody arrangements. The first significant change is that the bill makes a “rebuttable presumption” that equal time-sharing is the preferred schedule and is in the child’s best interest. The bill also changes the reasoning for modifying a custody arrangement. Previously, modifications could only be made if a substantial, material, and unanticipated change occurred. The law removes the need for the change to be unanticipated, opening more opportunities for custody modifications. In addition, if a parent relocates within 50 miles of the child’s residence (and the existing custody order was based on the parents living more than 50 miles apart), the law now treats this as a substantial, material change that will support a modification.
What’s The Reasoning For These Changes?
The law seeks to provide a standard for equitable and fair time-sharing arrangements, giving both parents equal preference to spend an equal amount of time with their children. The Florida legislature states that the state has a duty to protect a parent’s right and desire for companionship, care, and management of their children while balancing the child’s best interest. These new guidelines ensure children can develop relationships with their parents equally, without favoring one parent. The goal is to increase parental contact and foster better relationships between parents and children of divorce.
What is a Rebuttable Assumption?
The law creates a rebuttable assumption that equal time-sharing is in the best interest of a child in a divorce situation. This legal principle assumes something is true unless evidence is presented to disprove it. Regarding these new laws, the rebuttable assumption provides a standard to the court that 50/50 time-sharing is the ideal arrangement that must be proven not to be true.
A parent can challenge this assumption by presenting evidence showing why equal time sharing will be detrimental to the child. When creating a parenting plan, you must show why equal time sharing could potentially harm your child, not merely that equal time isn’t in the child’s best interests. The burden of proof lies with the parent who believes equal time sharing is not the best arrangement.
How Do You Rebut the Presumption of Equal Time-Sharing?
The way to challenge equal time sharing when developing a parenting plan is to provide evidence that equal time sharing will be detrimental to the child’s welfare. In determining what is detrimental to the child, the statute states that the court shall consider the existence or threat of domestic violence as well as the existence or threat of abuse, abandonment, or neglect.
The statute makes an exception where the original parenting plan was a “long-distance plan” where the parents lived over 50 miles apart. If the request for modification is based on a parent relocating within 50 miles of the other parent, the legal standard for determining new time sharing is that it must be in the child’s best interests. There are several factors the court uses to determine what is in a child’s best interest. These include:
- Fostering relationships with both parents
- Meeting basic needs for food, clothing, shelter, and healthcare
- Providing a stable home and welcoming community
- The mental and physical health of the child
- A child’s preferences (if they are 12 or older)
- Creating a safe and nurturing environment for growth
- Feasibility of the plan in terms of travel and location
Do Courts Favor One Parent When Developing a Parenting Plan?
In Florida, courts do not prefer either parent when determining child custody. Traditionally, mothers were favored in custody arrangements. That is no longer true. The current law requires that without showing good cause, both parents should have an active role in their child’s lives.
Modifying Parenting Plans Created After July 1, 2023
The new law affects all new and pending child custody cases made after July 1, 2023. If your divorce was finalized before this time, the new standard for modification will apply. If you request a child custody modification, the court will consider the state’s new guidelines when determining the best custody arrangement for your children.
Creating and Modifying Custody Arrangements in Central Florida
The recent amendments to Section 61.13 make positive steps to ensure both parents have equal opportunity to foster relationships with their children. If you have a parenting plan created before July 2023 or want to file for divorce, our team at Peppler Law can help. We’ll discuss your options to determine the best steps to ensure you spend the time you deserve with your children. Contact us today to schedule a consultation.
