This month, Governor DeSantis signed House Bill 1301 (“HB 1301”) – Parenting and Time-Sharing of Minor Children. 

In Summary HB 1301, effective July 1, 2023, revised Section 61.13, Florida Statutes, including the following significant changes:

1. This new law removes the requirement of a showing of “unanticipated” changes of circumstances from consideration of a modification of a parenting plan and time-sharing schedule, such that now a modification of a parenting plan and time-sharing schedule requires a showing of substantial and material change of circumstances, without the need to prove an unanticipated change. 
2. This new law creates a rebuttable presumption that equal (50-50) time-sharing is in a child’s best interest. 
   1. For a party to rebut the presumption that equal time-sharing is in the child’s best interest, a party must prove by a preponderance of the evidence that equal time-sharing is not in the minor child’s best interests. 
   2. Except when a time-sharing schedule is agreed to by the parties and approved by the court, the court must evaluate all of the factors of s. 61.13(3) and make specific written findings of fact. 
3. Under the new law, if parents of a child are residing greater than 50 miles apart at the time of the entry of the last time-sharing order, and one parent moves within 50 miles of the other parent, that move may be considered a substantial and material change in circumstance for the purposes of a modification, so long as that modification is in the best interest of the child. 

Get in Touch With an Experienced Orlando Family Law Attorney

With notable changes such as HB 1301, it is critical you contact a skilled time-sharing attorney to help you work out the appropriate time-sharing arrangement and develop the right parenting plan that the Florida court will approve. Call (407) 757-2877 or go online to schedule a personal consultation to discuss your case with our FCLC team.