New Custody Laws in Florida – 2016 was last modified: February 27th, 2016 by Howard Iken
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Florida Custody Bill at End

New Child Custody Laws in Florida – 2016


February 24th, 2016 – A key bill we have been following regarding equal child time-sharing in divorce has passed the Florida Senate. In a 23-15 vote, SB 250 – sponsored by Brandon Republican Tom Lee – passed after years of controversy surrounding the issue.

The bill would mandate courts presume that equal time-sharing between parents is in the best interest of the child. And to deviate from that a judge must now submit in writing why based on a list of possible 22 criteria, 20 of which are already law and the other two added by SB. 250. The bill would take effect October 1.

But before that, 50/50 still has to be addressed in the House, where a similar bill, HB 553, sponsored by Rep. John Tobia, R-Melbourne, has not seen action since a first reading Jan. 12.

Meanwhile, alimony reform continues to make its way through the Senate as well with SB 668 slated for a hearing this afternoon in the Appropriations Subcommittee on Criminal and Civil Justice. It would also be a landmark change to family law in Florida by setting guidelines for judges to calculate alimony based the length of a marriage and incomes. Currently, alimony awards are all over the map based on the judge’s discretion.

We’ll keep you posted on whether 50/50 time-sharing is addressed in the House and what happens with alimony reform in both chambers.

 

February 11th, 2016 – Florida lawmakers have pushed a bill that presumes equal 50/50 time-sharing through another committee. The Senate Rules committee found favorable SB 250 by a vote of 7-4, joining the Judiciary Committee in passing the bill. It has now been placed on the Senate calendar for a second reading.

It is another key step to the Florida courts presuming that 50/50 child time-sharing is in the best interest of the child. The bill’s sponsor, Brandon Republican Tom Lee, spoke to the bill today saying if it passed it would make 50/50 time-sharing the policy of the state.

Lee said it would put mothers and fathers on equal footing during a divorce, but still gives judges the discretion to deviate from 50/50 time-sharing based on the circumstances of the case. Lee said this about current Florida law regarding child-sharing:

“There is a wide disparity of outcomes that are occurring in our state court system depending on the values and perceptions of a particular judge in a particular geography in our state.”

Meanwhile, on another family law front, SB 668, which would provide judges guidelines for judges to calculate alimony based on the duration of a marriage and the parties incomes was scheduled this week for a hearing with the Judiciary Committee, but the agenda ran long putting it off for another day. We’ll keep you posted.

 

 

April 30th, 2015 – In a surprise twist the alimony bill appears at a dead end for 2015. The legislative session ends on May 1st and with it any chance of reviving the bill.  Because that bill contained the new custody provision – any change is effectively dead for 2015.

 

March 22nd, 2015 – an add on to the Florida senate version of alimony reform bill creates a 50/50 starting point for all child custody decisions.  Because this provision is not contained in the companion bill, it carries little change of surviving the legislative session.  We will keep you posted.

After some significant changes to Florida child custody laws a number of years ago, there has been a drop off in legislative success regarding child custody. We have assembled a quick overview on proposed laws during the last decade, and the resulting success or lack of success.

This page will be updated each monty to bring you the latest news of new Florida custody laws.


* At this point nothing new in Florida child custody legislation will happen until the beginning of the 2015 legislative season.

 

2014 – died in legislature

SB 750 – Rights of Grandparents and Great-grandparents

 

This bill was an attempt to expand the custody and visitation rights of grandparents and great-grandparents in Florida. The Florids Supreme Court struck down previous laws giving grandparents some rights. This law was the latest attempt to reinstate the rights of extended family.

 

2014 – died in legislature

HB 789 – Rights Of Grandparents And Great-Grandparents

 

Another bill that attempted to establish grandparent visitation rights. The problem with many of these types of laws is that they directly affect established constitutional rights of parents.

 

2013 – died in legislature

CS/HB 19 – Grandparent Visitation Rights

 

One of a multi-year effort to grant visitation rights with children to grandparents on both sides of the family.

 

 

2013 – vetoed by Governor Scott

CS/CS/HB 231 – Family Law

 

This landmark legislation was and still is known as the alimony reform bill. A less controversial component, but relatively unknown, was a provision that required judges to begin their thinking with equal parenting time. This one provision would have changed the face of child custody law in Florida. Unfortunately the alimony provision received all the attention and caused the demise of the proposed law.

 

2013 – died in legislature

SB 1466 – Shared Parenting

 

The first attempt in Florida to create a law that steered judges to grant equal parenting time to both parents.

 

2008 – died in legislature

HB 1315 –Child Custody and Visitation

 

This proposed child custody law created a “presumption” that contact with any parent guilty of domestic violence was detrimental to a child. This law, if successful, would have created tremendous amounts of litigation over child custody, and domestic violence issues.

 

2008 – Child Custody – signed by Governor

 

Landmark Florida custody law that completely remolded the concepts custody attorneys work with every day. The law called for elimination of the Primary Residential and Secondary Residential titles. It also eliminated the term “visitation”. The 2008 new custody law required courts to approve a comprehensive parenting plan, consisting of over a dozen pages of detailed plans for parenting children. Finally, the law eliminated any presumptions that parenting time should be a given pattern. Many people mistakenly thought that change created a requirement that judges grant rotating custody in all cases.

 

2008 – signed into law by Governor

SB 2532 Relating to Child Custody and Support

 

This law started a larger trend – to equalize rights of both parents in child custody cases. This law changed the main title of the divorce and custody statutes to include the phrase: “Time-Sharing” and eliminated the word “Custody”. That new law also expanded protections for military members involved in a child custody case.


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Alberto is an outstanding lawyer. He went the extra mile with me, as I had to go through eight (!) rounds of negotiation to get an MSA + Parenting Plan approved. If there’s such a thing as “winning” in divorce, then Alberto made it happen for me.

Mark - Avvo


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