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Cowgirl Lawyer
Cowgirl Lawyer, Lawyer
Category: Family Law
Satisfied Customers: 1422
Experience:  Attorney for 22 years. Family law, child custody and support, domestic violence.
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what is the new law about to be signed by the govenor pertaining

Customer Question

what is the new law about to be signed by the govenor pertaining to children and or custody
Submitted: 7 years ago.
Category: Family Law
Expert:  cfortunato replied 7 years ago.
Hi dr p,
The new law concerning custody in Florida went into effect October of last year. Is this the one you are inquiring about?
Customer: replied 7 years ago.
your website says the govenor is about to sign anew law pertaining to custody Nov 1. ie custody, shared parental responsibility etc.
Expert:  cfortunato replied 7 years ago.
I don't see it, so I will release this question so someone else may answer it.
Customer: replied 7 years ago.
In florida what is the statute that covers the awarding of custody or parental responsibility, is it about to change for a new statute or is the old one in existence and what are the provisions
Expert:  Cowgirl Lawyer replied 7 years ago.

There was a sweeping over-haul of child custody and parental responsibility law in Florida in 2008. The new law went into effect October 1, 2008. There is no new major over-haul pending, and if you saw a 2009 date somewhere, it was either a typographical error, or a mistake.

The statute has done away with the terms "custody," "visitation'" "primary parent" and "secondary parent." The new terms are "shared parental responsibility" and "time-sharing." The statute makes it more likely that a joint custody type of arrangement will occur, where parents have 50/50 or 60/40 time with their children. Indeed, the statute mandates that the court order shared parenting (as opposed to sole parental responsibility) unless the court makes a finding that shared parenting would be detrimental to the child.

The statute also changes the way child support will be awarded. In cases where children spend at least 40% of their time with one parent, child support will be reduced. In such cases, where parents have similar earnings, child support may be greatly reduced or even eliminated.

The law has requirements that detailed parenting plans be in place. Such parenting plans should spell out children's issues in their daily lives, communication between the parents and the children, and other activities concerning the children.

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