House Bill 1385, introduced in the Florida State Legislature on April 18, 2025, aims to reform the legal landscape surrounding child custody disputes involving allegations of domestic violence or abuse. The bill seeks to provide clearer guidelines for courts when determining custody arrangements, particularly in cases where one parent has been accused of sexual violence or abuse against the other parent or the child.

A key provision of the bill allows defendants in custody cases to recover reasonable attorney fees if the court finds that the plaintiff's claims were unfounded or not supported by existing law. This aspect has sparked significant debate among lawmakers, with proponents arguing it will deter frivolous claims that can harm families, while opponents warn it may discourage legitimate victims from coming forward due to fear of financial repercussions.

The bill also stipulates that civil actions related to custody must be assigned to the family law division that previously handled the underlying family law case, ensuring continuity and expertise in these sensitive matters. Additionally, it introduces a two-year statute of limitations for filing such actions, which can be paused if a child is unlawfully abducted.

Experts suggest that House Bill 1385 could have profound implications for family law in Florida, potentially reshaping how courts handle allegations of domestic violence in custody disputes. Critics, however, express concern that the bill may inadvertently protect abusers by making it harder for victims to seek justice.

As the bill moves through the legislative process, its future remains uncertain, with advocates on both sides preparing for a heated debate. If passed, House Bill 1385 is set to take effect on July 1, 2025, marking a significant shift in Florida's approach to family law and child custody.