Zephyrhills, FL (Law Firm Newswire) May 23, 2013 – A bill awaiting Gov. Rick Scott’s signature would create a presumption in favor of equal time-sharing in child custody cases.
Senate Bill 718 is most widely known and debated for the fact that it would do away with permanent alimony in Florida. But another important aspect of the legislation is also attracting its share of supporters and detractors. The bill would create a presumption for equal time-sharing by declaring it to be, with limited exceptions, in the best interest of the child.
“Equal time-sharing is often of significant benefit to children of divorce,” commented Zephyrhills divorce attorney Marcie Baker. “However, judges need to consider each case carefully on its own merits.”
Current law specifically states a lack of presumption for or against any child custody schedule. It simply instructs courts to determine all child custody matters with regard to the best interests of the child.
SB 718 would amend section 61.13 of the Florida Statutes to say that equal time-sharing is “in the best interest of the child” unless the court finds any of seven listed exceptions. The exceptions include a parent not requesting at least 50 percent custody, the occurrence of domestic violence, and impracticality of equal custody due to distance between residences.
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