Florida’s child custody laws have undergone significant changes in recent years, with the most recent updates coming in 2023. These changes have implications for parents seeking custody and time sharing arrangements, as well as for the children involved.
Changes in Florida Custody Time Sharing Laws in 2023
In 2023, Florida custody time sharing laws underwent major changes. These changes were signed into law by Governor Ron DeSantis on June 30, 2023, and took effect on July 1, 2023. The new law creates a rebuttable presumption that equal time sharing is in the best interest of the child. This means that unless one parent can prove that equal time sharing is not in the child’s best interest, the court will presume that it is.
The new law also requires courts to consider certain factors when determining a parenting plan and time sharing schedule. These factors include minimizing disruption and loss for the child, ensuring the child’s security and stability, shielding the child from conflict, maximizing relationships between the child and both parents, and anticipating and planning for changes in circumstances.
It’s important to note that the court still has the final say in determining the best interest of the child. The new law simply creates a presumption in favor of equal time sharing. The court will consider the unique circumstances of each case and make a decision based on what is in the best interest of the child.
Overall, the changes to Florida custody time sharing laws in 2023 aim to create a more equitable and fair system for parents and children. By creating a presumption in favor of equal time sharing and requiring courts to consider certain factors, the new law seeks to promote stability and security for children while also ensuring that both parents have a meaningful relationship with their child.
Implications of the 2023 Updates
The 2023 updates to custody time sharing laws in Florida have significant implications for parents and families going through divorce or separation. The key changes include the removal of the requirement for an unanticipated change in circumstances to modify a parenting plan or time sharing schedule, and the creation of a rebuttable presumption that equal time sharing is in the best interests of the child.
This means that parents who wish to modify their parenting plan or time sharing schedule no longer need to demonstrate an unanticipated change in circumstances to do so. Instead, they can seek a modification based on the best interests of the child. Furthermore, the recent legislation establishes a presumption favoring equal time sharing as the optimal arrangement for the child’s welfare. This implies that the onus lies on the parent seeking to deviate from equal time sharing to provide substantial evidence.
While the new law may be beneficial for some families, it is important to note that it is not a one-size-fits-all solution. Certain circumstances may arise where equal time sharing may not align with the child’s best interests. For instance, situations involving a parent with a history of domestic violence or substance abuse warrant careful consideration. In such instances, the responsibility lies with the parent seeking deviation from equal time sharing to substantiate their claim that it is not in the child’s best interests.
It is also important to note that the new law does not give any preference to mothers or fathers when deciding on child custody matters. Instead, the judge will consider the best interests of the child when making a decision about time sharing. This means that both parents have an equal opportunity to seek equal time sharing or to deviate from it based on the best interests of the child.
Overall, the 2023 updates to custody time sharing laws in Florida represent a significant shift in how child custody matters are handled in the state. Although the legislation may have its flaws, it represents a positive stride towards establishing a just and impartial framework that caters to the needs of parents and families experiencing divorce or separation.
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Consult Konicek Law For Legal Counsel About Time Sharing in Florida
The new laws presume that 50/50 time sharing of a child is in the best interest of the child, and the court can consider a modification to the time sharing schedule when a parent relocates within 50 miles of the child. These modifications have been implemented with the primary focus of consistently prioritizing the well-being and best interests of the child during custody deliberations.
The changes to Florida’s custody time sharing laws have also made it easier for parents to navigate the requirements of shared parental responsibility. However, it is still vital for parents to seek the advice of an experienced Florida time sharing attorney to ensure that they understand their rights and obligations under the new laws. By working with an experienced attorney like us and staying informed about the latest changes to the law, parents can ensure that their children are always their top priority. Don’t hesitate to call us if you need more guidance about the new time sharing laws.
Emily A. Konicek brings 14 years of experience to your family law concerns. Emily excels at mediation, negotiation and litigation, and can help you pursue a course of action that helps you meet your goals for the future and for your family.
