Equal Time-Sharing in Florida: The 2023 50/50 Presumption Explained

In 2023, Florida added a rebuttable presumption that equal, 50/50 time-sharing between parents is in the best interest of the child. This means equal time-sharing is now the starting point in a custody case. A parent who wants a different schedule must show that equal time-sharing is not in the child’s best interest.

What “Rebuttable Presumption” Means

A presumption is a starting point, not a guarantee. Under the current law, a court begins from the position that equal time-sharing serves the child. A parent who disagrees can rebut that presumption by showing, by the greater weight of the evidence, that a different arrangement is better for the child. (Sources: Fla. Stat. § 61.13; 2023 House Bill 1301.)

The Court Still Weighs Best-Interest Factors

Even with the presumption, the court still reviews a list of best-interest factors in every case. These generally include each parent’s ability to meet the child’s needs, the stability of each home, and each parent’s willingness to support the child’s relationship with the other parent. (Source: Fla. Stat. § 61.13.)

Does the Presumption Apply to Older Cases?

The presumption may not apply retroactively to parenting plans that were finalized before July 1, 2023. If you already have a time-sharing order, changing it generally requires a substantial and material change in circumstances.

Talk With a Miami Child Custody Lawyer

Time-sharing decisions turn on the details of your family. To understand how the current presumption applies to your case, speak with a Miami child custody lawyer. We help parents across Miami-Dade and South Florida build and adjust parenting plans.