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What is the new custody law in Florida 2023?

Child custody law in Florida does not give any preference to fathers or mothers during child custody rulings. Beginning July 1, 2023, there is a rebuttable presumption that equal timesharing is in the best interest of the child.



Florida's custody laws underwent a massive shift on July 1, 2023, with the enactment of HB 1301. The most significant change is the creation of a rebuttable presumption that equal time-sharing (50/50 custody) is in the best interest of the child. This means that, unless one parent can prove by a preponderance of the evidence that 50/50 custody would be detrimental to the child, the court will default to an equal split. The law also removed the requirement that a "substantial change in circumstances" must be unanticipated to warrant a modification of a parenting plan. This makes it easier for parents to request changes to their custody arrangements as their lives evolve. Additionally, the law clarifies that a parent moving to within 50 miles of the other parent can be considered a valid reason to modify the time-sharing schedule, emphasizing the state's goal of ensuring children have frequent and continuing contact with both parents.

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A parent who drops off his or her child at a relative's home and then vanishes can be found to have abandoned the child if a sufficient period of time has passed. In addition, a parent who cannot be located for 60 or more days can have his or her parental rights terminated by the court.

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