What’s New in Florida Child Visitation and Timesharing? HB 1301

What’s New in Florida Child Visitation and Timesharing? HB 1301

August 15, 2024 | By Beth Reineke

At Reineke Mediations, our Florida family law attorney and mediator, Beth Reineke, knows that child visitation and timesharing agreements are a priority when married or partnering parents of minor children divorce or separate. However, it is important to understand the ever-changing statutes associated with child visitation and timesharing, so you know what to expect if your case ends up in a family law courtroom.

House Bill 1301, effective July 1, 2023, has introduced significant changes to timesharing (visitation) arrangements in Florida. The new law represents a shift in how courts approach timesharing between parents. The goal is to promote fairness and consistency in custody arrangements. In this blog, we will explore the key changes enacted by House Bill 1301 and compare them to the previous version of section 61.13 of the Florida Statutes.

Overview of the Previous Version of Section 61.13, Florida Statutes, Pertaining to Timesharing and Visitation

Under the prior version of section 61.13, Florida courts determined timesharing based solely on the “best interests of the child.” The statute provided a list of factors for the court to consider, including:

• The capacity of each parent to facilitate a close and continuing parent-child relationship with the other parent
• The mental and physical health of the parents
• The home, school, and community record of the child
• The demonstrated ability of each parent to provide a consistent routine for the child
• The demonstrated capacity of each parent to communicate with the other parent about issues and activities involving the child
• The demonstrated capacity of each parent to act on the needs of the child rather than their own needs and to protect the child from the ongoing litigation

While the statute did not favor one parent over the other, it did not presume that equal timesharing was in the child’s best interest. Instead, the court had broad discretion to craft a timesharing schedule that aligned with the unique circumstances of each family.

Key Changes Introduced by House Bill 1301

House Bill 1301 introduces a significant shift by establishing a rebuttable presumption that equal timesharing (50/50) is in the best interest of the minor child. This means that, unless proven otherwise, the starting point for the court’s determination is a 50/50 split in parenting time with the child. To rebut this presumption, a parent must demonstrate that equal timesharing is not in the child’s best interest, considering the specific factors outlined in the statute.

Factors to Rebut the Statutory Presumption of Equal Timesharing

If a parent believes that equal timesharing is not suitable for their child, they may present evidence to rebut the presumption. Some of the factors in section 61.13 the court will consider include:

• The physical and emotional needs of the child: If one parent is better equipped to meet the child’s needs due to work schedule, health, or other reasons.
• The distance between the parents’ homes: If the parents live far apart, frequent exchanges might not be feasible.
• The presence of domestic violence, child abuse, or neglect: Any history of abuse or violence is a critical factor.
• The child’s school and social life: Stability in school and social activities may influence the court’s decision.
• The child’s preference: If the child is mature enough to express a reasonable preference, the court may consider it.
• Any other factor affecting the best interests of the child: The court has the discretion to consider any relevant factor that may impact the child’s well-being.

Why Mediation is Preferable to Litigation in Timesharing Disputes

Pre-Suit Mediation offers a more collaborative and less adversarial approach to developing a timesharing schedule that is in the best interest of the child. Here are several reasons why mediation is often a better option for parents and their children:

Control Over the Outcome

• Parents Make the Decisions: Mediation allows parents to work together to create a timesharing schedule that suits their unique family dynamics.
• Tailored Agreements: Mediation can result in more creative and flexible arrangements that consider the specific needs of the child and the parents.

Reduced Conflict and Stress

• Minimized Adversarial Interactions: Mediation encourages cooperation and communication, reducing the likelihood of ongoing conflict and the emotional toll of litigation.
• Preservation of Relationships: By working together, parents can preserve a more amicable relationship, which benefits the child.

Cost-Effective and Time-Efficient

• Lower Costs: Mediation is generally less expensive than litigation, as it avoids prolonged court battles.
• Faster Resolution: Mediation can often resolve disputes more quickly, allowing families to move forward without the stress of an ongoing legal battle.

Conclusion

House Bill 1301 has introduced a significant change in how timesharing is approached in Florida, establishing a presumption in favor of equal timesharing. While this change promotes consistency, it also underscores the importance of considering each family’s unique circumstances outside of court.

As a certified Florida Supreme Court mediator, Attorney/Mediator Beth Reineke, specializes in helping parents navigate the complexities of timesharing and parenting plans. Pre-Suit Mediation offers a collaborative and less adversarial approach to resolving these sensitive issues, empowering parents to create a timesharing schedule that truly reflects the best interests of their child. If you are facing a timesharing dispute, we encourage you to consider pre-suit mediation as a constructive and effective alternative to litigation.

Contact our office today to learn how mediation can help you reach a mutually agreeable resolution to your timesharing matter.