Florida SB 1128: Unwed-Father Paternity and Time-Sharing Bill
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Florida SB 1128: Unwed-Father Paternity and Time-Sharing Bill
Florida's SB 1128, a family-law procedure bill from the 2026 regular session, carries a proposed effective date of July 1, 2026. As of publication we could not independently confirm that the bill was signed into law: the accessible official bill history shows its most recent recorded action as the bill's filing in January 2026, with no record of passage by both chambers or approval by the governor. If enacted, SB 1128 would change how unmarried parents move through paternity and time-sharing cases, pushing courts to set parenting arrangements faster and requiring each parent to file a proposed temporary parenting plan with the first filing.
Information last verified on July 2, 2026. This is a developing story; we update it as the record changes.
Status: Filed in the 2026 regular session; proposed effective date July 1, 2026. We could not confirm enactment from the official bill history and are continuing to verify. Treat the provisions below as what the bill proposes, not as confirmed current law.
Jurisdiction scope: This article covers Florida law only. SB 1128 changes Florida paternity and time-sharing procedure and does not state the law of any other state.
What Happened
Florida legislators filed SB 1128 during the 2026 regular legislative session, and the bill carries a proposed effective date of July 1, 2026. As of publication, the accessible official bill history does not show the bill being passed by both chambers or signed by the governor, so we do not state as fact that it has taken effect. (Separately, coverage describing a Florida law that helps unmarried fathers meet their parental responsibilities and makes it easier for unwed fathers to gain custody rights refers to a different statute, the 2023 "Good Dad Act," House Bill 775, not to SB 1128.)
The core change is procedural. Under SB 1128, when a parent files a pleading to establish an initial temporary parenting plan, each parent must file a proposed temporary parenting plan along with the initial pleading. The court then adopts the two proposed plans to the extent they agree.
For the parts where the plans do not agree, the law sets a clock. Absent good cause, the court must hold a hearing within 30 days after the initial pleading is filed to address the disputed matters, and it directs the court to issue an order within 30 days after that hearing.
SB 1128 also targets enforcement. A motion to enforce compliance with a time-sharing order or agreement must be heard by the judge assigned to the case within 5 business days. If that judge is not available, the circuit duty judge, who must be available at all times to conduct hearings on limited notice, handles it. The law states that the enforcement hearing may occur during regular business hours, on a Saturday, Sunday, or holiday, or after hours.
The paternity piece extends this framework to unmarried fathers. According to the Florida Senate bill analysis and legal commentary on the law, SB 1128 updates Florida's paternity statutes so that paternity establishment moves on the same priority timeline, which shortens how long an unmarried father may wait to get in front of a judge.
What the Law Actually Says
SB 1128 works by amending Florida's existing family-law statutes rather than creating a new code. The Florida Senate analysis identifies changes to the time-sharing statute in Chapter 61, including section 61.13, and to the paternity statute in Chapter 742, including section 742.031. Chapter 61 governs parenting plans and time-sharing, and Chapter 742 governs how paternity is legally established. For background on the underlying framework, see Florida child custody and time-sharing.
A temporary parenting plan is the interim arrangement that governs where a child lives and how each parent shares time while a case is pending, before the court enters a final judgment. SB 1128 requires both parents to put their proposed temporary plan on the record at the outset, which forces the disagreements into the open early and lets the court adopt the agreed portions right away.
The 30-day hearing rule and the 30-day order rule apply to the disputed portions of those plans. The 5-business-day enforcement rule and the duty-judge requirement apply after an order or agreement already exists and one parent seeks to enforce it. These are different tracks: one sets up the initial arrangement quickly, the other responds quickly when an existing arrangement is not being followed.
The paternity changes matter because, in Florida, an unmarried father does not automatically hold the same legal parental rights as a married father at birth. Establishing paternity is the legal step that opens the door to time-sharing and to the parental responsibilities that come with it. Those responsibilities include financial support; for how Florida calculates that obligation, see Florida child support. By routing paternity cases onto the same priority timeline as time-sharing cases, SB 1128 aims to compress the wait an unmarried father faces before a court addresses his parenting arrangement.
Analysis: Why This Matters
The following is analysis from the Recording Law Editorial Team.
SB 1128 is a timing law more than a rights law. It does not rewrite the standard a Florida court uses to decide time-sharing, which remains the best interest of the child. What it changes is how quickly the court reaches that question and how the parties tee it up. Requiring both proposed plans at filing narrows the dispute to the contested items, and the 30-day hearing window puts a deadline on the interim decision that often shapes a case.
For unmarried parents, the paternity piece is the part that connects the procedure to substance. In Florida, legal rights for an unmarried father flow from established paternity, so moving paternity onto a priority track addresses a common bottleneck: the delay between filing and a first hearing. That delay can determine the interim status quo, which can carry weight later.
The enforcement provisions read as a response to a practical gap. An order that cannot be enforced quickly can lose meaning if one parent withholds time-sharing, and a 5-business-day hearing backed by a duty judge is aimed at that problem. Whether courts can consistently meet these deadlines will depend on circuit resources and caseloads, which the statute does not create on its own. We are not predicting how any given case will move; the point is that the law shifts the default toward speed for both mothers and fathers.
How This Affects You
If you are an unmarried parent in Florida, mother or father, the most concrete change is that a temporary parenting plan is now something to prepare before you file, not after. Because each parent must submit a proposed plan with the initial pleading, the details you put in that document can shape the interim arrangement the court adopts for the agreed portions.
If you already have a time-sharing order and the other parent is not following it, the law provides a faster route to a hearing, with the assigned judge or a duty judge required to hear an enforcement motion within 5 business days. And if you are an unmarried father who has not established paternity, that step remains the gateway to time-sharing rights, now on a priority timeline.
This is general information about a new Florida procedure. It is not advice about your case, and deadlines like the 30-day and 5-business-day rules can turn on specifics such as good cause and local practice. For the broader landscape, see child custody laws by state.
This is general legal information, not legal advice. It covers Florida law and reflects sources verified on July 2, 2026. Laws change and this story is developing; consult a lawyer licensed in your jurisdiction about your specific situation.
Sources
- Florida Senate, Senate Bill 1128 (2026), bill page, history, and status: https://www.flsenate.gov/Session/Bill/2026/1128
- Florida Senate, Senate Bill 1128 (2026), bill text and versions: https://www.flsenate.gov/Session/Bill/2026/1128/ByVersion
- Florida Senate, SB 1128 Bill Analysis and Fiscal Impact Statement (2026): https://flsenate.gov/Session/Bill/2026/1128/Analyses/2026s01128.pre.ju.PDF
- ClickOrlando (News 6), "Here are all the new Florida laws taking effect on July 1": https://www.clickorlando.com/news/florida/2026/07/01/here-are-all-the-new-florida-laws-taking-effect-on-july-1/
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Last updated: 2026-07-02. This is a developing story; details verified as of 2026-07-02.
Frequently Asked Questions
What is Florida SB 1128?
SB 1128 is a Florida family-law bill from the 2026 regular legislative session with a proposed July 1, 2026 effective date. As of publication its enactment could not be confirmed from the official bill history. If it becomes law, it would change how Florida courts handle paternity and time-sharing for unmarried parents, including requiring proposed temporary parenting plans at filing and setting priority hearing deadlines.
What is the status of Florida SB 1128?
SB 1128 was filed in the 2026 regular session with a proposed effective date of July 1, 2026. We could not confirm from the official bill history that it passed both chambers or was signed into law, so its provisions should be treated as proposed rather than confirmed current law.
What is a temporary parenting plan under the new law?
It is the interim arrangement for where a child lives and how parents share time while a case is pending. SB 1128 requires each parent to file a proposed temporary parenting plan with the initial pleading, and the court adopts the parts of the two plans that agree.
How fast must a Florida court hold a time-sharing hearing now?
Absent good cause, the court must hold a hearing within 30 days after the initial pleading is filed to resolve the parts of the parents' plans that do not agree, and the law directs the court to issue an order within 30 days after that hearing.
How does SB 1128 change enforcement of time-sharing orders?
A motion to enforce a time-sharing order or agreement must be heard within 5 business days by the assigned judge, or by the circuit duty judge if that judge is unavailable. The hearing may occur during business hours, on a weekend or holiday, or after hours.
How does the law affect unmarried fathers specifically?
In Florida, an unmarried father's parental rights depend on established paternity. SB 1128 updates the paternity statutes so paternity cases move on the same priority timeline, which can shorten the wait before a court addresses time-sharing.
Which Florida statutes does SB 1128 amend?
According to the Florida Senate bill analysis, SB 1128 amends time-sharing provisions in Chapter 61, including section 61.13, and paternity provisions in Chapter 742, including section 742.031.
Does SB 1128 apply outside Florida?
No. SB 1128 changes Florida procedure only and does not state the law of any other state.
Updates
Independently fact-checked against the cited primary sources
Sources and References
- Florida Senate, Senate Bill 1128 (2026), bill page, history, and status(flsenate.gov).gov
- Florida Senate, Senate Bill 1128 (2026), bill text and versions(flsenate.gov).gov
- Florida Senate, SB 1128 Bill Analysis and Fiscal Impact Statement (2026)(flsenate.gov).gov
- ClickOrlando (News 6), Here are all the new Florida laws taking effect on July 1(clickorlando.com)