What Is the New Custody Law in Florida in 2023?
The new Florida custody laws are designed to create a framework that encourages parents to share the responsibilities, joys, and hardships of rearing a child. These changes move away from the traditional custody arrangement, where one parent is named as the primary caregiver, to a more collaborative approach where each parent has equal time with their children. The heart of these changes is to prioritize the best interest of the children by providing stability and security.
The updated laws for time-sharing plans between parents don’t apply if parents can agree to an arrangement outside of the court, which is highly encouraged. Parents who create their own time-share plan have significantly more freedom to create a plan that is in their child’s best interests and one they can adhere to unless circumstances change. If parents can’t agree on a time-share plan, the court must follow the new laws which may result in a plan that parents don’t think is in the best interest of their child.
Equal Time-Sharing Is the New Standard
Since July 1, 2023, the court must start every time-sharing case under the assumption that it’s in the children’s best interest to share half their time with each parent. This doesn’t mean that every case will end in a time-share plan where both parents have 50% of the time. But it will ensure the courts give each parent equal treatment when they award sharing time during a divorce or separation.
Under these new laws, a parent or their attorney can still present evidence to overcome the presumption that children are better off sharing equal time with each parent. If the court finds the preponderance of the evidence supports unequal parenting time, the judge can determine a different time-sharing plan that’s best for the children.
Relocation of a Parent
Before the changes in time-sharing laws in Florida were effective, relocation of a parent wasn’t always considered a significant event that warranted a modification. However, the new laws allow a court to modify the time-share arrangement if a parent moves within 50 miles of their children after previously living more than 50 miles away. A plan modification under these circumstances must still be in the child’s best interest.
Changes to Time-Share Plans
Under previous time-share laws, a parent couldn’t request a plan modification unless there were unforeseen substantial and material changes in their circumstances. Now a parent can petition the court to modify their custody agreement even if the substantial and material change was expected. However, the modification still must be in the best interests of the child.
Considerations When Establishing or Modifying a Time-Sharing Plan
The 2023 changes in custody laws also incorporated a list of factors the court must consider when establishing a new time-share plan or modifying an existing one. There are 20 specific factors a court must weigh when making a decision that include:
- Each parent’s capacity to promote a close, continuing relationship with the other parent and be reasonable when changes are necessary;
- Each parent’s demonstrated ability to act on the child’s needs instead of their own;
- The length of time the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity;
- The geographic viability of time-sharing, paying special attention to school-aged children and how much travel will be involved with the plan;
- Whether a parent has a history of domestic abuse, substance abuse, or other criminal behaviors;
- The moral fitness of each parent, including their ability to refrain from discouraging comments about the child’s other parent;
- Mental and physical health of each parent;
- The child’s preference, if the child is sufficiently intelligent and experienced;
- The ability of each parent to provide a consistent routine and discipline;
- The capacity and willingness of each parent to adopt a unified front on all major issues;
- The amount of parenting responsibilities that will be delegated to third parties; and
- Each parent’s participation in the child’s school or extracurricular activities.
The list of factors added to Florida’s time-share laws is not exhaustive. The courts are allowed to consider other circumstances unique to each case that impact the child’s well-being and best interests. The purpose of these updates is to provide the courts with a framework that helps them balance the needs and interests of a child with the circumstances of their home life before and after the divorce or separation.
Florida’s new time-share laws don’t only affect a parent’s ability to participate in their child’s life; they also impact the amount of child support a parent is required to pay after the separation or divorce is finalized. A primary consideration for child support payments is the number of overnights a parent has with their children because this can reduce or increase a parent’s financial obligations to provide for their children.
Consult with Beller Law, PL, for Guidance on Time-Sharing
Divorce and separation end a relationship between people who once cared for each other, but it doesn’t have to end or diminish the relationship you have with your children. Beller Law, PL, has been helping parents negotiate equitable time-share plans since for the past 20 years. We are here to help you find effective, meaningful solutions that preserve time with your children while providing for their best interests. Time with your children is precious. Contact us today to schedule a consultation.