Does Florida Assume Equal 50/50 Time-Sharing?
Since July 1, 2023, Florida courts start from the assumption that equal, 50/50 time-sharing is in a child's best interests. That does not make equal time automatic. It means equal time is the presumed starting point, and a parent who wants a different schedule has to show why. For parents across the Treasure Coast, this shift changed how parenting plans get negotiated and decided. Here is what the rule actually says and how it plays out in a Florida case.
What the Equal Time-Sharing Presumption Actually Says
The change came through Senate Bill 1416, which amended Florida Statute § 61.13 effective July 1, 2023. Before that, Florida law took no position for or against any particular schedule. Now the statute creates a rebuttable presumption that equal time-sharing serves the child's best interests. "Rebuttable" is the key word. A parent who believes a different arrangement is better can overcome the presumption, but only by proving it with a preponderance of the evidence, which means showing it is more likely than not that equal time would not serve the child. In short, 50/50 is where the court begins, not where it is required to end.
Parental Responsibility and Time-Sharing Are Not the Same Thing
These two terms get treated as one, but Florida separates them. Parental responsibility is decision-making authority over major issues like education, healthcare, and religion. Time-sharing is the physical schedule, meaning when the child is with each parent. Parents can share decision-making while having an unequal schedule, or split time evenly while one parent holds certain decision authority. The equal-time presumption applies to the schedule. Parental responsibility is presumed to be shared unless shared decision-making would be detrimental to the child. Keeping the two ideas distinct matters, because a dispute about the calendar is a different fight than a dispute about who decides.
How a Parent Rebuts the 50/50 Presumption
To move a court off the equal starting point, a parent has to give it evidence, not just an opinion. The judge weighs the best-interests factors listed in § 61.13(3) and must make written findings on them. Factors that commonly carry weight include the distance between the parents' homes, each parent's work schedule and availability, the child's school and routine, and any history that bears on the child's safety and wellbeing. General frustration with the other parent is not evidence. The parent asking for an unequal schedule carries the burden, so the case is built on documented, specific facts rather than broad claims.
What Changed for Modifying a Parenting Plan
The 2023 law also loosened one part of the modification standard. To change an existing time-sharing schedule, a parent still has to prove a substantial and material change in circumstances, but that change no longer has to be "unanticipated." Removing that word lowered a hurdle that used to sink otherwise reasonable requests. If your circumstances have shifted since your last order, that opens the door to ask a court to modify an existing parenting plan, though the change still has to be significant and tied to the child's best interests.
How Treasure Coast Courts Apply the Rule
The presumption is statewide, but it lands in front of local judges in Martin, St. Lucie, and Palm Beach County courtrooms. Because the statute requires written findings on the best-interests factors, parents in Stuart, Port St. Lucie, and Jupiter should expect a court to document its reasoning whenever it approves a schedule other than a contested 50/50 split. That written-findings requirement is one reason organized, factual preparation matters so much under the current law.
Frequently Asked Questions
Is Florida automatically a 50/50 custody state now?
No. Florida is not automatically 50/50. The law presumes equal time-sharing is in the child's best interests, but a parent can rebut that presumption with evidence, and the court can approve a different schedule.
What kind of evidence rebuts the equal time-sharing presumption?
Evidence tied to the child's best interests, such as the distance between homes, work and school schedules, or safety concerns. The parent seeking an unequal schedule must prove their position by a preponderance of the evidence.
Does the presumption apply to unmarried parents?
Yes. Florida Statute § 61.13 governs time-sharing in both divorce and paternity cases, so the equal time-sharing presumption applies to unmarried parents establishing a parenting plan as well.
Can parents agree to their own schedule instead?
Yes. If both parents agree on a parenting plan and the court approves it, the judge does not need to run the full best-interests analysis. An agreed schedule generally controls once it is approved.
Talk to a Treasure Coast Family Law Attorney
If you are working through a parenting plan and are not sure how the equal time-sharing rule affects your situation, it helps to talk it through with an attorney who handles these cases locally. Karen L. Johnson works with parents on parenting and time-sharing across the Treasure Coast. Call (772) 223-5001 to schedule a consultation.
