Presumption of Equal Time-Sharing Likely to Become Florida Law

Bill 1292 has not yet become law but looks like it will be soon.  It creates a rebuttable presumption that equal timesharing 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 .

Child crying looking back as father takes him away

The bill provides that to rebut the presumption, the party in opposition to equal timesharing must prove by a preponderance of the evidence that equal timesharing 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, timesharing 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 timesharing modification.

If you have questions about time-sharing call us on (786) 539-4935.