Bill 1292 has not yet become law but looks like it will be soon. It creates a rebuttable presumption that equal time–sharing between the parents is in the best interest of a child. The parties may waive the presumption and agree on different time-sharing. Florida law did not previously recognize such an equal time-sharing presumption .
The bill provides that to rebut the presumption, the party in opposition to equal time–sharing must prove by a preponderance of the evidence that equal time–sharing is not in the best interests of the minor child.
Currently. 61.13(3), F.S., requires the court to consider the enumerated factors when determining the best interest of the child for, in part, time–sharing schedules. Therefore, to rebut the presumption provided for in the bill, the court will take evidence related to such factors to determine the best interest.
The bill also provides that a parent’s permanent relocation to a residence within 50 miles of the primary residence of the child may be considered as a substantial and material change in circumstances for the purpose of a time–sharing modification.
If you have questions about time-sharing call us on (786) 539-4935.