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Proposed Changes to Florida Time-Sharing Law

March 14, 2013 by  
Filed under Uncategorized

Proposed changes to Florida Family Law.

A new development in time-sharing has come about with Senate Bill 1466 that was filed on March 7th and is currently being considered by the Children, Families, and Elder Affairs Committee.

The bill proposes that there should be a presumption that it is in the best interests of a minor child to have equal time-sharing with each parent. Under current law, which was established in 2009, the Court has twenty statutory factors to consider when establishing a time-sharing schedule.

This proposed statute would mean that all children will spend an equal number of overnights during the year with each parent unless the parent who does not want an equal time-sharing schedule can demonstrate to the Court why a different time-sharing plan should be in effect.

Interestingly, it was only as recent as 2009 when the law on the books was that a rotating schedule of equal time with the parents was considered detrimental to a child’s best interests and the Courts endeavored to create one primary home for children.

The legislature should consider the input of parents, educators, pediatricians, and mental health professionals who are the best observers of how the time-sharing plans put into place by the Courts as dictated by the legislature impacts children to ensure that the best interest of children are truly being met.

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