New Equal Timesharing for Fathers

Fathers seeking child custody, timesharing, and visitation should be aware of a blockbuster change in Florida law that occurred this legislative session. CS/HB 13601, effective as of 7/1/2023, makes several significant changes to the law on paternity and father’s rights:

Equal Timesharing Presumption:

Previously, courts were required to consider all the statutory parenting factors when determining a timesharing schedule. The new law still requires this, but introduces a rebuttable presumption that equal timesharing is in the child’s best interest. To counter this presumption, a party must demonstrate by a preponderance of evidence that equal timesharing is not in the child’s best interests. F.S. 61.13(2)(c)(1).

Modification of Parenting Plans and Timesharing Schedules:

Previously, a parenting plan and timesharing schedule could only be modified upon a substantial, material, and unanticipated change in circumstances. The new law removes the requirement that changes in circumstances must be unanticipated. F.S. 61.13(3). This could make it easier for parents to modify parenting plans based on future changes in life circumstances that are anticipated, but the details of which are not specifically known, such as job transfers, changes in work schedule, or graduation from school, college, or other educational program.

The new law also specifically provides that a relocation by a parent to be closer to the child (within 50 miles) may now be considered a substantial and material change that justifies modification of the timesharing visitation schedule. F.S. 61.13(3).

Conclusion:

Mothers and fathers always received equal consideration under the statutory parenting factors. Essentially both parents started with a blank slate. The new is significant because it requires court to start with a legal presumption that fathers should receive 50/50 equal timesharing unless it can be proven under the parenting factors that this would not be in a child’s best interest.

The new law also makes it a little easier for parents to modify their parenting plan if it is no longer fulfilling their needs due to a substantial change in circumstances that they may or may not have anticipated at the time it was initially ordered.

Michael DeVoe is a divorce attorney in Orlando, Florida practicing contested divorce, uncontested divorce, timesharing, visitation, custody, paternity, child support, injunctions, and other family law cases.