Fla. Stat. § 61.13 - Parental Custody; Presumption
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(1) Rebuttable presumption of shared parental responsibility. There is a rebuttable presumption that shared parental responsibility is in the best interest of the child. This presumption applies unless there is evidence to the contrary, including evidence of domestic violence, abuse, or other factors demonstrating that shared responsibility is not in the child’s best interest.
(2) Best interest factors. The court shall consider: (a) The preference of the child; (b) The ability and willingness of each parent to provide care; (c) The relationship between the child and each parent; (d) The ability to promote contact with the other parent; (e) Any evidence of domestic violence or abuse; (f) The length of time the child has lived in a stable environment.
Legislative History
- Bill: CS/HB 1301 (2023)
- House Vote: 105-7
- Senate Vote: 34-3
- Effective: High-volume jurisdiction generating extensive case law
Cross-State Influence
Largest state with explicit presumption. Referenced in custody reform discussions nationwide.