Effective July 1, 2023, Florida implemented significant changes to its child custody laws, particularly in how it defines and addresses shared parental responsibility and timesharing.
These changes are part of the state's broader reform aimed at promoting the best interests of children and ensuring both parents remain actively involved in their children's lives after separation or divorce. Here are some of the most notable changes:
Change in Terminology: The term 'custody' has been replaced with 'timesharing' to reflect a more equitable approach to parenting. The law now focuses on creating a timesharing schedule that outlines when the child will be with each parent, rather than granting one parent primary custody.
Shared Parental Responsibility: Florida law presumes that both parents should have shared parental responsibility—meaning both parents are involved in major decisions regarding the child's education, health, and welfare. However, if one parent has a history of abuse or neglect, the court may consider awarding sole parental responsibility to one parent. In situations of conflict, the court will look to see if shared responsibility is in the child’s best interest.
Timesharing Plans: A timesharing plan is now required in all child custody cases, outlining the specific time each parent spends with the child. The plan must also address holidays, vacations, and other special events to minimize conflict and ensure stability for the child.
Best Interest of the Child: The court continues to prioritize the best interest of the child when determining timesharing arrangements, but there is more emphasis on promoting both parents’ involvement. The law encourages parents to work together and create a plan that serves their child's needs and maintains meaningful relationships with both parents.
Parenting Coordination: The new law introduces the option of parenting coordination for high-conflict cases. This allows parents to work with a neutral third-party professional to help resolve disputes and develop a workable parenting plan without going back to court.
Relocation: For parents who want to move with the child, there are more explicit rules about how far a parent can move without consent from the other parent or approval from the court. The law now requires parents to give notice of a proposed relocation at least 60 days in advance if it significantly impacts the other parent's timesharing.
Impact of Domestic Violence: If one parent has been convicted of domestic violence or has a history of violent behavior, this could influence the court's decision regarding shared responsibility and timesharing. The law prioritizes the child’s safety and well-being, and courts can limit or restrict timesharing to ensure protection.
These reforms reflect Florida's focus on creating more balanced and fair custody arrangements that encourage both parents to be actively involved in their child's life, while also addressing concerns related to safety and conflict.
If you’re navigating child custody issues in Florida, it’s important to consult with a family law attorney who can help you understand how these changes may apply to your specific situation and ensure that your parenting plan reflects your child's best interests.
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