What You Need To Know About Florida’s New Time-Sharing Rules
In July 2023, Florida made changes to its child custody laws with the signing of HB 1301, specifically when it comes to parenting and time-sharing arrangements. These changes can affect many parents across Stuart, Port St. Lucie and the Treasure Coast.
The Gufford Law Firm, P.A., knows how these new laws can impact your parental rights and the time you spend with your child. With more than 50 years of combined experience in family law matters, our attorneys can help you understand and protect your rights.
Rebuttable Presumption Of Equal Time-Sharing
Florida courts will now assess child custody cases with the assumption that an equal time-sharing schedule serves the child’s best interests. However, if a parent disagrees, they can challenge this assumption in court. They must prove by a preponderance of evidence – meaning it’s more likely true than not – that equal time-sharing wouldn’t benefit their child.
Judges will consider several important factors, including:
- Each parent’s commitment to supporting parent-child relationships
- Physical and mental health considerations
- Existing routines and stability
- The moral character of each parent
- Any history of domestic violence or false allegations
Whether you’re seeking equal time-sharing or challenging it, our attorneys can review your situation and help you present evidence about these factors in court.
Simplified Standards For Parenting Plan Modifications
Florida has now made it less complicated to change existing parenting plans. Before HB 1301, parents faced strict requirements when asking the court to modify their arrangements. They had to show three things: that a change was substantial, material and unexpected.
Now, Florida requires parents to prove only two elements – that the change is substantial and material. This means that parents no longer need to prove that they couldn’t have anticipated the change when the original parenting plan was created. This gives families more flexibility to adapt their arrangements as their lives naturally evolve, such as when work schedules shift or children’s needs change.
Our lawyers can help you determine if your circumstances qualify for a modification under these new standards.
Have Questions About The New Laws? Get Clear Answers.
Our attorneys at The Gufford Law Firm, P.A., help parents throughout Stuart and the Treasure Coast understand and navigate changes in Florida’s family laws. Get in touch with us today to discuss your parenting plan needs. Call 866-603-9936 or visit our contact page to schedule a consultation.