Senate Bill 250 has passed in both
houses and is awaiting Governor Scott's signature. This law change
affects how the courts will decide child custody and time-sharing.
According to the bill analysis, the significant changes and potential
effect are:
"The bill creates a presumption
that equal time-sharing is presumed to be in the best interest of a
child. Assuming that placing a presumption in law simplifies
time-sharing actions, parties to a time-sharing action may spend less
on litigation costs."
And -
"The bill provides additional
guidelines for the court to use in determining a time-sharing
schedule of a minor child. Current law provides that the public
policy of the state is for each minor to have frequent and continuing
contact with both parents after the parents separate or divorce.
Consistent with existing legislative intent, this bill creates a
rebuttable presumption that approximately equal timesharing with a
minor child by both parents is in the best interest of the child. A
party may overcome the presumption by providing evidence based on
factors that affect the welfare and interests of the child and the
circumstance of the family.
Current law provides a list of factors
for the court to consider in establishing or modifying a time-sharing
schedule, based on the best interests of the child. In addition to
the factors presently provided in law, this bill adds the following:
The amount of timesharing requested by each parent; and
- The frequency that a parent would likely leave the child in the care of a nonrelative on evenings and weekends when the other parent would be available and willing to provide care.
- The bill requires a court to support an order that provides for unequal timesharing with written findings of fact."
If the Governor approves this bill and signs it
into law it is scheduled to be in effect on October 1, 2016.
In
my opinion, although the presumption that 50/50 times-haring is in
the best interest of the child sounds like a good idea, it could have
significant drawbacks. Parents would be required to overcome the
presumption that 50/50 time-sharing is appropriate, and may pro se
litigants are going to struggle to do that. Would they be required to
have the other parent evaluated? Would this bill lead to additional
litigation as the parties attempt to overcome the rebuttable
presumption supporting 50/50 time-sharing? What do you think?
