Governor Ron DeSantis signed HB 775 Shared Parental Responsibility after Establishment of Paternity, and the new law went into effect July 1.

The changes made by this new law include:

Changes to Section 742.011, Florida Statutes

The title previously read “Proceedings for determination of Paternity”. The provision now reads: “Proceedings for determination of paternity, rights and responsibilities.

Added language to the initial paragraph in 742.011 that states: “After the birth of the child, a parent may request a determination of parental responsibility and child support and for the creation of a parenting plan and time-sharing schedule pursuant to chapter 61.”

Changes to Section 742.10

The statute now specifies that “Regardless of whether paternity is established in an action under s. 742.011 or this section, the determination of parental responsibility and child support and the creation of a parenting plan and time-sharing schedule must be established in an action brought under s. 742.011.”

However, the new law clarifies that the Department of Revenue is not prevented from establishing child support by administrative order under s. 409.2563.

Changes to Section 744.301

This new law amends the natural guardian statute such that “The Mother of a child born out of wedlock and a father who has established paternity under s. 742.011 or s. 742.10 are the natural guardians of the child and are entitled and subject to the rights and responsibilities of parents.”

This new law further states that, if a Father has not established paternity under s. 742.011 or s. 742.10 (1), then the Mother is the natural guardian of the child born out of wedlock and is entitled to primary residential care and custody of the child unless the court enters an order stating otherwise.

In essence, the new law provides that, if a Father has established his paternity (for instance, by the execution of an acknowledgment of paternity), the Father, like the Mother, is a natural guardian of the child and is entitled and subject to the rights and responsibilities of a parent, and that said rights and responsibilities must be established in an action brought under Section 742.011, Florida Statutes.