to Section 61.13 , Fla . Stat . ( 2023 ) provide for a rebuttable presumption that equal timesharing is in the best interest of the minor child . To rebut that presumption , a party must prove by a preponderance of the evidence that equal timesharing is not in the best interests of the minor child , which includes the court ’ s evaluation of the factors set forth in subsection ( 3 )( a ) - ( t ), of which no changes were made to .
The new law also eliminates the requirement for modifying a parenting plan that the alleged substantial and material change in circumstances which warrants modification must also be “ unanticipated .” Even if the change in circumstances that ended up occurring was anticipated at the time of the entry of the final judgment , a party may file for modification as long as the change in circumstances is “ substantial ” and “ material .”
The St . Petersburg Bar Association and Clearwater Bar Association will host a joint luncheon September 19 , 2023 , to discuss these changes and others in further detail . We hope you can join us ( register via the Clearwater Bar website calendar )!
Grace M . Samarkos , Esq . is an attorney at Harris , Hunt & Derr , P . A ., practicing Marital and Family Law . She serves as the St . Petersburg Bar Association 2023-24 Family Law Section Chair .
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