Florida SB 1128: After-Hours Judges for Custody Enforcement Passes 11-0

A Florida Bill Could Finally Give Parents a Weekend Remedy When Custody Orders Are Violated

According to The Florida Bar News, Florida Senate Bill 1128 passed the Senate Judiciary Committee with a unanimous 11-0 vote on February 10, 2026. Filed by Senator Erin Grall, the bill would require at least one circuit judge to be available on weekends, holidays, and after normal business hours to hear emergency motions enforcing child time-sharing orders. A companion bill, House Bill 971, is also making its way through the Florida House.

If you have ever been on the wrong end of a denied holiday visit or a weekend pickup that never happened, this bill speaks directly to you. And as a Florida family law attorney, I can tell you this legislation addresses one of the most persistent and painful gaps in our family court system.

The Problem This Bill Is Trying to Solve

Here is a scenario I have seen more times than I can count. A parent has a court-ordered parenting plan that gives them every other weekend with their children. Friday afternoon arrives. They drive to the agreed pickup location. The other parent does not show up, does not answer calls, and keeps the children.

What can that parent do right now under current Florida law? Practically speaking, very little in the moment.

They can call law enforcement, but police officers in Florida are generally reluctant to enforce civil court orders at the doorstep. Officers will often tell the denied parent that this is a matter for the courts. They can file a motion for contempt, but that motion will not be heard until the next available court date, which could be days or even weeks away. By then, the weekend or holiday has passed. The lost time with the child is gone forever.

This is the frustrating reality that SB 1128 aims to change. The bill would not only make a judge available during off-hours to hear these enforcement motions, but it would also give time-sharing matters priority on court calendars more broadly. That second piece is significant too, because even during regular business hours, time-sharing enforcement often gets pushed behind other matters.

Why This Unanimous Vote Matters

An 11-0 vote out of the Senate Judiciary Committee is notable. Family law bills can be contentious, and custody-related legislation in particular tends to generate debate. The fact that this bill received unanimous support suggests broad bipartisan recognition that the current system leaves a gap that harms children and parents alike.

It also signals that this bill has a real chance of becoming law. It still needs to pass the full Senate and the House version needs to advance as well, but unanimous committee support is a strong start.

How Florida Currently Handles Time-Sharing Violations

Under Florida Statute 61.13, courts can enforce time-sharing orders and hold a violating parent in contempt of court. The remedies available include make-up time-sharing, modification of the parenting plan, attorney fee awards, and in serious cases, changes to the primary residence of the child.

But all of those remedies require getting in front of a judge. And getting in front of a judge requires filing a motion, scheduling a hearing, and waiting for your day in court. That process simply does not work when a violation is happening in real time on a Friday evening or Christmas morning.

Florida courts do have existing mechanisms for after-hours judicial availability in certain emergency situations, particularly in the criminal context and for domestic violence injunctions. Judges are already on call for things like arrest warrants and temporary restraining orders. SB 1128 would essentially extend a similar on-call framework to child time-sharing enforcement.

What This Could Look Like in Practice

If SB 1128 becomes law, here is how it might work. A parent is denied their court-ordered time-sharing on a Saturday morning. Instead of being told to wait until Monday or later, they could have their attorney file an emergency motion. An on-call circuit judge would be available to review the motion and, if appropriate, issue an order enforcing the existing parenting plan.

The details of exactly how the process would function, whether hearings would be telephonic or conducted via video, how quickly the judge would need to respond, and what evidence standards would apply, would likely be worked out through judicial circuit administrative orders once the bill is enacted. But the core principle is straightforward: if a court order says you get time with your child this weekend, you should have access to a judge this weekend to enforce it.

What This Means If You Are a Florida Parent

Even before this bill becomes law, there are a few important takeaways.

First, document everything. If the other parent is routinely violating your time-sharing order, keep a detailed log. Save text messages, emails, and any communications showing the denial of your parenting time. This documentation matters whether you are filing a contempt motion now or seeking emergency relief under a future version of this law.

Second, understand that your parenting plan is a court order. It is not a suggestion. It is not optional. Violating a parenting plan carries real legal consequences, including the possibility of being held in contempt, losing time-sharing, and being ordered to pay the other parent's attorney fees.

Third, if you are dealing with ongoing time-sharing violations, do not wait for this bill to pass to take action. You already have the right to file for modification of your time-sharing arrangement or seek contempt proceedings. The current process may be slower than what SB 1128 envisions, but it still works.

Finally, if you are the parent who is tempted to withhold time-sharing because you are angry about unpaid child support or some other dispute, do not do it. Florida courts treat child support and time-sharing as separate obligations. One parent failing to pay support does not give the other parent the right to deny visitation. Courts take a very dim view of self-help remedies in custody matters.

The Bigger Picture

SB 1128 is part of a broader trend in Florida family law toward faster, more accessible judicial remedies for parents. Over the past several years, we have seen significant reforms to alimony, child support calculations, and parenting plan standards. This bill fits into that pattern of trying to make the family court system more responsive to the realities of modern co-parenting.

It is also worth noting that this bill could have a deterrent effect. Right now, a parent who wants to violate a time-sharing order over a long holiday weekend knows that there is no immediate consequence. If an after-hours judge can issue an enforcement order within hours, that calculation changes. The mere existence of the remedy could reduce violations.

I will be tracking SB 1128 and HB 971 as they move through the legislature this session. If you want to follow along, LegiScan and The Florida Bar News are both excellent resources for tracking the progress of these bills.

Frequently Asked Questions

Is SB 1128 already law in Florida?

No. As of February 2026, SB 1128 has passed the Senate Judiciary Committee but still needs to pass the full Florida Senate and the Florida House (where the companion bill is HB 971). It also needs the governor's signature before it becomes law. The bill is progressing, but it is not yet enacted.

What can I do right now if the other parent is violating our time-sharing order?

You can file a motion for contempt or a motion to enforce your parenting plan. Florida Statute 61.13 gives courts the authority to enforce time-sharing orders, award make-up parenting time, and impose sanctions including attorney fees. You should also document every instance of denied time-sharing with dates, times, and any written communications. Our post on contempt for custody and support violations covers the enforcement process in detail.

Would this bill apply to summer vacation custody disputes too?

The bill as written applies to enforcement of time-sharing orders generally, which would include summer vacation schedules that are part of a court-ordered parenting plan. Summer custody disputes are among the most common time-sharing conflicts, and having after-hours judicial availability during holiday weekends and summer exchanges could be especially valuable. For tips on avoiding these disputes in the first place, check out our guide on summer custody scheduling in Florida.

If you are dealing with a time-sharing dispute or are concerned about how to enforce your parenting plan, talking to a Florida family law attorney now is better than waiting. Contact us at Divorce.law to schedule a strategy session and understand your options under current law and any new protections that may be coming.

This article discusses recent news and provides general legal commentary. It does not constitute legal advice and should not be relied upon for legal decisions. Every divorce case is unique. If you are facing a similar situation, consult with a qualified Florida family law attorney. Contact Divorce.law for a strategy session.