Florida SB 1128 Transforms Custody Enforcement With 5-Day Hearing Mandate
Florida Governor Ron DeSantis signed SB 1128 into law, requiring Florida family courts to hold hearings on custody and visitation violations within 5 business days of filing an enforcement motion. The law also mandates temporary parenting plans within 30 days of initial custody filings and requires at least one family court judge available on weekends and holidays to hear emergency enforcement matters. These changes take effect July 1, 2026, fundamentally restructuring how Florida handles time-sharing disputes.
Key Facts
| Category | Details |
|---|---|
| What happened | Florida enacted SB 1128, overhauling custody enforcement timelines |
| Effective date | July 1, 2026 |
| Jurisdiction | All Florida circuit courts with family divisions |
| Key timeline | 5 business days for violation hearings; 30 days for temporary parenting plans |
| New requirement | Weekend and holiday judge availability for enforcement motions |
| Statute affected | Fla. Stat. § 61.13 (parenting and time-sharing) |
Why This Matters Legally
This legislation addresses a systemic problem that has plagued Florida family courts for decades: the enforcement gap. Parents who violated court-ordered time-sharing schedules often faced no immediate consequences because hearings could take 45 to 90 days to schedule. SB 1128 compresses that timeline to 5 business days, creating real accountability for custody violations.
Under existing law, a parent denied their court-ordered weekend visitation had limited recourse. Filing a motion for contempt or enforcement would enter the court's regular scheduling queue, often resulting in multiple missed visits before any hearing occurred. The violating parent faced minimal deterrent because consequences were so delayed they became disconnected from the violation itself.
SB 1128 changes this calculation entirely. A parent who denies court-ordered time-sharing on Friday must now appear before a judge by the following Friday at the latest. This immediacy transforms custody orders from suggestions into enforceable mandates with real teeth.
The weekend and holiday availability requirement is equally significant. Custody violations frequently occur during holiday periods, when courts are traditionally closed. A parent who refuses to return children after Christmas or Thanksgiving previously had no judicial remedy until courts reopened, sometimes a week or more later. Under SB 1128, at least one judge must be available to hear emergency enforcement motions even on holidays.
How Florida Law Handles Custody Enforcement
Florida's custody enforcement framework operates through Fla. Stat. § 61.13, which governs parenting plans and time-sharing arrangements. When a parent violates a court-ordered parenting plan, the aggrieved parent can file a motion for enforcement or contempt under Fla. Stat. § 61.14.
SB 1128 adds new subsections to these statutes creating mandatory timelines:
- Courts must schedule enforcement hearings within 5 business days of motion filing
- Temporary parenting plans must be entered within 30 days of initial custody filings
- At least one family division judge must be designated for weekend and holiday emergency matters
- Courts must establish expedited procedures for enforcement motions
The 30-day requirement for temporary parenting plans addresses another gap in current practice. Florida courts currently have no statutory deadline for entering temporary orders in custody cases, leading to situations where parents operate under informal arrangements for months while litigation proceeds. This creates instability for children and makes enforcement nearly impossible since there is no clear order to enforce.
Florida courts retain discretion on remedies under Fla. Stat. § 61.13(4), which authorizes makeup time-sharing, modification of the parenting plan, contempt findings, and attorney fee awards for prevailing parties in enforcement actions. SB 1128 does not change available remedies but ensures parents can access them faster.
Practical Takeaways
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Document everything starting now. When SB 1128 takes effect July 1, 2026, your enforcement motion will be heard within 5 business days. Having contemporaneous records of violations, such as text messages, emails, photographs, and witness statements, will be essential for these rapid hearings.
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Understand the expedited process. Courts will likely implement new procedures for 5-day hearings, potentially including telephonic appearances, abbreviated discovery, and streamlined evidence presentation. Consult with a family law attorney to understand your local court's specific procedures.
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Preserve communication records. Save all text messages, emails, and app communications with your co-parent regarding custody exchanges. These become critical evidence when you have only 5 business days between filing and hearing.
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Know the holiday calendar. If a violation occurs over a holiday weekend, you now have judicial recourse through the designated weekend judge. File your motion promptly rather than waiting for courts to reopen.
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Expect temporary orders faster. If you have a pending custody case, courts must now issue temporary parenting plans within 30 days of filing. This provides clearer expectations and enforceable orders earlier in litigation.
Frequently Asked Questions
When does the 5-day hearing requirement take effect?
The 5-day hearing requirement takes effect July 1, 2026. After that date, Florida family courts must schedule hearings on custody enforcement motions within 5 business days of filing. Motions filed before July 1, 2026, remain subject to current scheduling procedures, which typically result in hearings 45 to 90 days after filing.
Does the 5-day rule apply to all custody motions?
The 5-day timeline applies specifically to enforcement motions alleging violations of existing custody or time-sharing orders. Initial custody petitions, modifications based on changed circumstances, and relocation cases follow standard scheduling timelines. The expedited process targets situations where one parent denies the other court-ordered time with their children.
What happens if a violation occurs on a weekend or holiday?
Under SB 1128, at least one family division judge must be available on weekends and holidays to hear emergency enforcement motions. Parents denied time-sharing during holiday periods can now seek immediate judicial intervention rather than waiting for courts to reopen. Contact your local circuit clerk's office for specific procedures for accessing the designated weekend judge.
Can I get makeup time for missed visitation under this law?
Florida law under Fla. Stat. § 61.13(4) already authorizes courts to award makeup time-sharing when one parent interferes with the other's court-ordered time. SB 1128 does not change available remedies but ensures you can get before a judge within 5 business days to request makeup time and other relief, including attorney fees and potential contempt findings.
What should I do to prepare for a 5-day hearing?
Gather your parenting plan, evidence of the violation (text messages, emails, photographs), and any witnesses who can confirm the denial of time-sharing. The compressed timeline means you must have evidence organized before filing. Consider consulting a family law attorney who can help prepare your motion and evidence presentation for the expedited hearing format.
Connect With a Florida Family Law Attorney
If you are dealing with custody enforcement issues or anticipate needing to use these new expedited procedures when they take effect July 1, 2026, connecting with a qualified family law attorney in your county can help you understand how local courts will implement SB 1128.
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.