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Florida's Governor Rick Scott has vetoed a contentious bill that would have created a legal presumption in nearly all child custody cases in favor of equal time sharing between parents. The 50-50 starting point for making custody decisions would have required parents seeking a different arrangement to jump through many more hoops to get a greater time allotment. The presumption that equal time sharing would be best for every child would not have attached in certain cases, such as when one parent is incarcerated, or has been found guilty of domestic abuse. But in more common scenarios, those against passage of the law feared it would hobble judges in their quest to serve the best interests of children. For example, a newborn might be separated for long periods of time from a nursing mother, or a child in special need of stability might have to shuttle between homes on a too-frequent basis.
“Current law directs a judge to consider the needs and interests of the child first when determining a parent plan,” Gov. Scott wrote in his veto message. “This bill has the potential to up-end that policy in favor of putting the wants of a parent before the child's best interest by creating a premise of equal time-sharing. Our judges must consider each family's unique situation and abilities and put the best interests of the child above all else.”
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