Florida SB 1128: Courts Must Issue Temporary Custody Orders Within 60 Days

Florida Parents Could Get Temporary Custody Orders in 60 Days Under New Bill

Florida Senate Bill 1128 would require family courts to hold hearings on temporary parenting arrangements within 30 days of a divorce or custody filing and issue orders within 30 days after that hearing, creating a maximum 60-day timeline from filing to temporary order. The bill, set to take effect July 1, 2026, also mandates weekend and holiday court availability for emergency enforcement motions. For Florida parents facing months of uncertainty during divorce proceedings, this represents a fundamental shift in how quickly courts must address where children live and when each parent sees them.

Why This Changes Florida Family Law

This bill addresses one of the most stressful aspects of Florida divorce: the legal limbo parents endure while waiting for temporary custody arrangements. Under current practice, temporary parenting orders can take 90 to 180 days or longer depending on court backlogs, leaving families in prolonged uncertainty about basic questions like which parent has the children on school nights or who makes medical decisions.

Florida Statute § 61.13 already establishes the framework for parenting plans and time-sharing, but it contains no mandatory timeline for temporary orders. Courts prioritize cases based on their own scheduling constraints, and parents with more resources can sometimes expedite hearings while others wait months. SB 1128 would add specific deadlines to the existing statutory framework.

The 60-day maximum timeline breaks down into two phases: courts must schedule and hold the initial hearing within 30 days of the petition being filed, then issue their temporary order within 30 days of that hearing. This creates accountability at both stages rather than allowing indefinite delays at either point.

How Florida Currently Handles Temporary Parenting Arrangements

Under Fla. Stat. § 61.13(2), courts must approve parenting plans that address time-sharing schedules, parental responsibility, and decision-making authority. However, the statute focuses primarily on final orders rather than temporary arrangements during litigation.

Florida Family Law Rule 12.285 requires parties to exchange mandatory disclosure documents within 45 days of service, but this discovery timeline often extends temporary order hearings beyond the 60-day window SB 1128 would mandate.

Current practice in most Florida circuits works roughly as follows: One parent files for divorce or custody modification, the other parent has 20 days to respond, then parties schedule a case management conference, followed by motions for temporary relief, which get scheduled based on court availability. In busy circuits like Miami-Dade (11th Circuit), Broward (17th Circuit), and Hillsborough (13th Circuit), this process routinely exceeds 120 days.

SB 1128 would require parents to submit their proposed temporary parenting plans alongside their initial pleading. This front-loads the work that currently happens during the discovery phase, potentially allowing courts to identify disputed issues earlier and make temporary determinations faster.

The Weekend Court Provision Matters for Emergencies

Beyond the 60-day timeline, SB 1128 includes a requirement that each of Florida's 20 judicial circuits must have at least one judge available on weekends, holidays, and after regular court hours to hear emergency enforcement motions related to temporary parenting orders.

This addresses situations where one parent violates a temporary order by refusing to return children after scheduled time-sharing, taking children out of state without permission, or denying the other parent court-ordered access. Under current practice, if such violations occur on a Friday evening, the aggrieved parent may have no judicial recourse until Monday morning at the earliest, and emergency motions still require scheduling that can add days or weeks.

The practical reality is that parenting plan violations often happen during transitions, which frequently occur on weekends, holidays, and evenings. Having judges available during these periods could allow for same-day or next-day hearings rather than forcing parents to wait for the regular court calendar.

Practical Takeaways for Florida Parents

1. Start preparing your proposed parenting plan before filing. Under SB 1128, you would need to submit a proposed temporary parenting plan with your initial petition or response. Working with an attorney to draft this document before filing gives you time to think through schedules, holidays, and decision-making rather than rushing a proposal.

2. Gather documentation of the existing parenting arrangement. Courts making temporary determinations within 60 days will need quick access to information about the status quo: who has been the primary caregiver, what the current school and activity schedule looks like, and how parents have been sharing time informally.

3. Understand that temporary orders are not final orders. A 60-day temporary parenting plan provides stability during litigation but can be modified in the final judgment. Courts retain authority under Fla. Stat. § 61.13 to modify parenting arrangements based on the best interests of the child.

4. Document any violations of temporary orders carefully. If the weekend court provision passes, you would be able to seek emergency enforcement when violations occur rather than waiting for regular court hours. Keep records of missed exchanges, denied communication, or other violations with dates, times, and any witnesses.

5. Budget for potentially faster litigation. A 60-day timeline to temporary orders compresses the early stages of divorce. Attorney fees and expert costs that might have been spread over several months could be concentrated into a shorter period.

Frequently Asked Questions

When would Florida SB 1128 take effect?

SB 1128 specifies a July 1, 2026 effective date. Cases filed on or after that date would be subject to the new 60-day timeline for temporary parenting orders. Cases already pending before July 1, 2026 would continue under current procedures unless the court applies the new standards prospectively.

Does SB 1128 apply to modifications of existing custody orders?

The bill addresses temporary parenting arrangements in dissolution proceedings and initial custody determinations. Modification petitions under Fla. Stat. § 61.13(3) require showing a substantial change in circumstances, and SB 1128 would likely apply the same 60-day temporary order timeline to these proceedings when temporary relief is requested.

What happens if a court misses the 60-day deadline?

SB 1128 as currently drafted mandates the timeline but does not specify penalties for courts that fail to meet it. In practice, parties could file motions to compel compliance or seek mandamus relief, but judicial backlogs and staffing constraints may still cause delays in some circuits despite the statutory requirement.

Can parents agree to a different timeline?

Nothing in SB 1128 prevents parents from reaching agreements on temporary parenting arrangements through mediation or direct negotiation. Agreed orders can typically be entered faster than the 60-day contested timeline. The bill establishes a maximum wait time, not a mandatory waiting period.

How does this affect domestic violence cases?

Florida already has expedited procedures for domestic violence cases under Fla. Stat. § 741.30, which allows for temporary injunctions within 15 days. SB 1128's weekend court availability provision could enhance emergency access in cases where existing parenting orders are violated in conjunction with domestic violence allegations.

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.