Jim Rosica
Equal time for both parents after a divorce would be the starting line in child custody cases under a bill heading to the Senate floor.
The Rules Committee cleared the measure (SB 250) on a 7-4 party-line vote on Wednesday.
The legislation, sponsored by Brandon Republican Tom Lee, creates a legal assumption that 50-50 time-sharing is in the best interest of a child.
But, as Lee pointed out, it includes a list of 22 factors that judges can consider to tip the scales, so to speak, including “amount of time to be spent traveling” between parents, the “frequency that a parent would likely leave the child in the care of a nonrelative,” and even the “reasonable preference of the child.”
Under his proposal, both parents “enter the courthouse door on equal footing,” he said.
If judges depart from the 50-50 presumption, they should explain in some detail in a written order, Lee said. But he said they should do so without disclosing details that could embarrass the child or the parents: “There’s ways to write around that.”
As the Tampa Bay Times has reported, Lee was “locked in a nearly two-year court dispute with his ex-wife to gain additional time with his children, as well as to lower his child-support payments.”
“When (legislators) fail to be specific, they leave themselves to the latitude and discretion of the courts,” he told the committee.
But several child-care professionals, including doctors and social workers, opposed the measure. Jessica Gordon, a Tampa pediatrician, said very young children need to be with their mothers, especially if they are still nursing.
State Sen. Audrey Gibson, a Jacksonville Democrat, raised concerns that “loving stepparents” would be considered nonrelatives under the bill.
And Senate Democratic Leader Arthenia Joyner of Tampa questioned why the bill was needed if,” at the end of the day, the decision will be made in the best interest of the child anyway.”
“There’s no way to mastermind a piece of legislation, especially on this issue,” she said.
In closing, Lee said judges “do have blind spots; they have bias … and courts need direction on how to apply public policy.”
He added that he appreciated the “civility” of the public comments: “It sure beats what we saw a couple of weeks ago.”
Cynthia Wheeler, a nurse and child-support activist from Palm Beach County, was ejected from the Senate Judiciary Committee when it considered the bill. She called Lee a “liar” and had to be escorted away from the microphone.
“You do not want us to speak because you do not want transparent government,” she yelled. “You’re a bunch of liars; you’re damaging families.”
A companion bill in the House (HB 553) has not yet had a hearing.
Jim Rosica ([email protected]) covers the Florida Legislature, state agencies and courts from Tallahassee.
7 comments
Meg Smith
February 10, 2016 at 1:27 pm
Tom Lee is sponsoring both of these Bills 50/50 timesharing and alimony reform for his own personal gain. How unethical, unprofessional and should be illegal! Government for the wealth – by the wealthy.
CMG
February 15, 2016 at 11:15 am
unless you are a parent whose rights have been violated, whose life has been completely and wholly affected by child custody, child support and alienation you should not opine on this matter. When evidence is overlooked, when there is complete bias and when there is no money left for appealing~ your hands are tied. It is happening all over…..
Carey
February 10, 2016 at 5:04 pm
As many of us know, some judges aren’t considering these 22 things now…what is going to make them do it in the future? Who is going to stop all this frivolous litigation and the modifications that are bound to happen regardless of “retroactivity”?
The majority of divorces don’t go in front of a judge, but are mediated. What good will this bill do for cases that are heading or in court? These are the cases that have issues, these are the cases that need special care.
Christine Desirée
February 15, 2016 at 8:49 am
The damaging of families is horrendous
by court appointed officials and professionals.
Due to my reporting
this corruption in my own case the Chief Judge in 2014 created a standing order 50/50 time sharing!
The corruption of taking the child from the other parent has stopped here
in our city of Sarasota.
Cut off the funding to the child dealers has worked.
This is “IN THE BEST INTEREST OF THE MINOR CHILD”.
50/50
Factsseeker
February 15, 2016 at 3:36 pm
The US is a nation of extreme contrasts. Some of the best equality and social justice policies in the world while other policies are still lingering in the dark ages. There is no evidence to support the idea that a good mother is superior to a good father in parenting ability. The last resort used by deniers is that breast milk is essential for brain development of a baby. Even that is now been demonstrated to be false. Denying fathers and children equal rights is based upon bigotry and 18th century misguided chivalry and sentimentality.
EB
February 17, 2016 at 1:19 am
Way to go democrats! Way to let us fathers know who we will not be voting for. But what do you care? Women make over 50% of the vote, so best to make sure we fathers continue to get raked over the coals!
Feminism is trash. Bernie is a $$$$, Hillary is going to jail or should.
GOP, bunch of white knights anyways.
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