SB 932 — Parenting and Time-sharing of a Minor Child for a Convicted Parent

Florida Senate - 2021 CS for CS for SB 932 By the CommitteesCommittee on Rules;Children, Families, and Elder Affairs;

and Children,Senator Families,Wright and586-02349-21 Elder2021932c1 Affairs;A bill to be entitled An act relating to minor time-sharing for parent convicted of or had adjudication withheld for a specified offense;

and Senator Wright 595-03816-21 2021932c2 A bill to be entitled An act relating to parenting and time-sharing of a minor child for a convicted parent;

creatingprohibiting a rebuttablecourt presumptionfrom againstgranting shared parental responsibility and time-sharing with a minor child forto certaina parentsparent whounder havecertain beencircumstances; convicted of or had adjudication withheld for a specified offense;

providing an exception;

109 Be It Enacted by the Legislature of the State of Florida:

1211 Section 1. Paragraph (c) of subsection (2) of section 61.13, Florida Statutes, is amended to read:

ExceptThere as otherwise provided in this paragraph, there is no presumption for or against the father or mother of the child or for or against any specific time-sharing schedule when creating or modifying the parenting plan of the child.

TheEvidence followingthat evidencea createsparent ahas rebuttablebeen presumptionconvicted of detrimenta tomisdemeanor of the child:first degree or higher involving domestic violence, as defined in s.

that741.28 a. Aand parentchapter has775, beenor convictedmeets of a misdemeanor of the firstcriteria degreeof or higher involving domestic violence, as defined in s.

741.2839.806(1)(d), andcreates chaptera 775;,rebuttable orpresumption b. Aof parentdetriment meetsto the criteriachild. of s.

39.806(1)(d);If the presumption is not rebutted after the convicted parent is advised by the court that the presumption exists, shared parental responsibility, including time-sharing with the child, and decisions made regarding the child, may not be granted to the convicted parent.

or c. A parent has been convicted of or had adjudication withheld for an offense enumerated in s.

943.0435(1)(h)1.a., and at the time of the offense:

(I) The parent was 18 years of age or older.

(II) The victim was under 18 years of age or the parent believed the victim to be under 18 years of age ,creates a rebuttable presumption of detriment to the child.

50 If the presumption is not rebutted after the convicted parent is advised by the court that the presumption exists, shared parental responsibility, including time-sharing with the child, and decisions made regarding the child, may not be granted to the convicted parent.

3.a. Ina. In ordering shared parental responsibility, the court may consider the expressed desires of the parents and may grant to one party the ultimate responsibility over specific aspects of the child’s welfare or may divide those responsibilities between the parties based on the best interests of the child.

4.b. Theb. The court shall order sole parental responsibility for a minor child to one parent, with or without time-sharing with the other parent if it is in the best interests of the minor child.

5. There3.a. The iscourt amay rebuttablenot presumptiongrant againsta grantingparent timetime-sharing sharing with ahis or her minor child if athe parent has been convicted of or had adjudication withheld for an offense enumerated in s.

943.0435(1)(h)1.a.,943.0435(1)(h)1.a. and at the time of the offense:

a. Theand parentat wasthe 18time years of agethe oroffense: older.

b. The(I) The victimparent was under 18 years of age or theolder; parent believed the victim to be under 18 years of age.

85and A(II) The parentvictim maywas rebutunder the18 presumptionyears uponof aage specificor finding in writing by the courtparent thatbelieved the parentvictim poses no significant risk of harm to thebe childunder and18 thatyears time-sharing is in the best interests of theage. minor child.

Ifb. Notwithstanding sub-subparagraph a., the presumptioncourt ismay rebutted,grant time-sharing to the courtparent shallif considerthe allcourt time-sharingmakes factorsa specific finding in subsectionwriting (3)that whenhe developingor ashe poses no significant risk of harm to the child and that time-sharing schedule.is in the best interests of the child.

6.3. Access4.3. Access to records and information pertaining to a minor child, including, but not limited to, medical, dental, and school records, may not be denied to either parent.