Florida Senate Bill 1128 Would Mandate 30-Day Custody Hearings, Ending Months-Long Waits for Temporary Orders
Florida Senate Bill 1128, which passed committee in February 2026, would require family courts to hold temporary custody hearings within 30 days of a petition filing and issue written orders within 30 days after the hearing. For emergency parenting plan violations, hearings would be required within 5 business days. This represents the most significant procedural reform to Florida custody timelines since the state adopted its parenting plan requirements under Fla. Stat. § 61.13 in 2008.
Key Facts
| Element | Details |
|---|---|
| What happened | SB 1128 passed Florida Senate committee |
| When | February 2026 |
| Current status | Pending full Senate vote |
| Standard hearing deadline | 30 days from filing |
| Order issuance deadline | 30 days after hearing |
| Emergency hearing deadline | 5 business days |
| Applicable statute | Fla. Stat. § 61.13 |
Why This Matters Legally
Florida courts currently have no statutory deadline for scheduling temporary custody hearings. Under existing practice, parents routinely wait 60 to 120 days for an initial hearing on temporary time-sharing arrangements. During this waiting period, children often remain in unstable living situations while parents operate without enforceable parenting schedules.
SB 1128 would fundamentally change this dynamic by creating binding deadlines that courts must meet. The 30-day hearing requirement applies to all initial petitions for temporary custody or time-sharing under Fla. Stat. § 61.13. The 30-day order issuance deadline ensures that parents do not face additional delays after the hearing concludes.
The emergency enforcement provision is particularly significant. Currently, when one parent violates an existing parenting plan, the other parent must file a motion for contempt and often waits weeks for a hearing. Under SB 1128, enforcement hearings for parenting plan violations would be required within 5 business days of filing. This rapid response mechanism aims to prevent ongoing violations from causing lasting harm to parent-child relationships.
Family law practitioners across Florida have noted that current delays often force parents into informal agreements that later prove unenforceable. The lack of timely court intervention can also enable parental alienation behaviors to take root before any judicial oversight occurs.
How Florida Law Currently Handles Custody Timelines
Florida's current statutory framework under Fla. Stat. § 61.13 establishes the best interests of the child standard and requires courts to evaluate 20 specific factors when determining time-sharing arrangements. However, the statute contains no procedural deadlines for when courts must act on custody petitions.
Fla. Stat. § 61.13(3) requires courts to develop parenting plans that address daily schedules, holiday arrangements, and decision-making responsibilities. The statute mandates that courts consider each parent's capacity to honor the time-sharing schedule and facilitate a relationship between the child and the other parent.
Under current practice, temporary custody hearings typically occur 60 to 90 days after filing in most Florida circuits. Some counties report average wait times exceeding 120 days during periods of high caseloads. These delays create practical problems: children may start school in one location only to be relocated after a delayed hearing, or parents may establish routines that courts later disrupt.
Florida Family Law Rule of Procedure 12.285 requires automatic disclosure of financial information within 45 days of service in dissolution cases. SB 1128 would create a similar mandatory timeline for the procedural handling of custody matters.
What the 5-Day Emergency Provision Means
The emergency enforcement component of SB 1128 addresses a specific problem: parenting plan violations that cause immediate harm. Under the proposed legislation, when one parent files a verified motion alleging that the other parent has violated an existing court-ordered parenting plan, the court must schedule a hearing within 5 business days.
This provision applies to situations such as a parent refusing to return a child after scheduled parenting time, a parent relocating with a child in violation of the parenting plan, or a parent interfering with the other parent's communication with the child. The 5-day deadline would prevent weeks of ongoing violations while a hearing is pending.
Current Florida law under Fla. Stat. § 61.13(4)(c) authorizes courts to modify time-sharing when violations occur, but provides no timeline for when courts must address enforcement motions. SB 1128 fills this procedural gap.
Practical Takeaways
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Parents filing for divorce or paternity in Florida should track SB 1128's progress through the legislature. If enacted, the 30-day hearing deadline would apply to new filings immediately upon the law's effective date.
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Parents currently waiting for temporary custody hearings should consult with their attorneys about whether to request expedited hearings under existing court rules. Florida courts retain discretion to schedule emergency hearings in cases involving immediate harm to children.
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Parents with existing parenting plans who experience violations should document each incident carefully. If SB 1128 passes, the 5-day enforcement hearing provision will require verified motions with specific factual allegations.
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Parents considering relocation should understand that SB 1128's emergency provisions could accelerate judicial review of unauthorized moves. Fla. Stat. § 61.13001 already requires 60 days notice for relocations exceeding 50 miles.
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Parents negotiating settlement agreements should consider whether the potential for faster judicial intervention under SB 1128 affects their negotiating positions. The bill's passage would reduce the leverage that delay-oriented litigation tactics currently provide.
Frequently Asked Questions
When would SB 1128 take effect if passed?
Florida legislation typically takes effect on July 1 of the year enacted unless the bill specifies otherwise. If SB 1128 passes during the 2026 legislative session, which runs from March through May, the 30-day custody hearing requirements would likely apply to petitions filed on or after July 1, 2026. Parents with pending cases filed before that date would not automatically receive the new timeline protections.
Does the 30-day deadline apply to final custody determinations?
No. SB 1128's 30-day hearing requirement applies only to temporary custody orders entered while a divorce or paternity case remains pending. Final custody determinations under Fla. Stat. § 61.13 still require courts to evaluate all 20 statutory best interest factors, which typically requires more extensive proceedings. The bill addresses the interim period when families need immediate stability.
What happens if a court misses the 30-day deadline?
SB 1128 as currently drafted does not specify penalties for courts that fail to meet the 30-day deadline. However, parents whose hearings are delayed beyond 30 days would likely have grounds to file motions requesting immediate scheduling and potentially to seek mandamus relief from appellate courts. The legislation creates a mandatory duty that courts must fulfill.
How does this affect parents with existing custody orders?
Parents with final custody orders already in place would primarily benefit from the 5-day emergency enforcement provision. If the other parent violates an existing parenting plan, SB 1128 would require courts to schedule enforcement hearings within 5 business days. The 30-day initial hearing deadline applies only to new custody petitions, not modifications of existing orders.
Can parents waive the 30-day hearing requirement?
The bill's language creates a court obligation rather than a parental right, so parents cannot technically waive the deadline. However, if both parents agree to mediation or need additional time to prepare, courts would likely accommodate reasonable requests for continuances. The 30-day requirement establishes a maximum wait time, not a mandatory scheduling window that prevents earlier resolution.
Next Steps for Florida Parents
Parents involved in custody disputes should monitor SB 1128's progress through the Florida Legislature. The bill must pass the full Senate, then the House, and receive the Governor's signature before becoming law. The Florida Legislature's website tracks all pending legislation and committee votes.
For parents currently experiencing custody delays or parenting plan violations, consulting with a Florida family law attorney can clarify available options under existing law. Courts retain discretion to expedite hearings in urgent circumstances even without SB 1128's mandatory deadlines.
This article discusses recent news and provides general legal commentary. It does not constitute legal advice. Every case is unique. Consult a qualified family law attorney for advice specific to your situation.