Yes. Since July 1, 2023, Florida law presumes that equal (50/50) time-sharing is in a child’s best interests. Courts start from a 50/50 schedule unless one parent proves, by a preponderance of the evidence, that equal time-sharing would not serve the child — using the 20 best-interest factors in Florida Statute 61.13.

Florida’s 2023 Equal Time-Sharing Law

In 2023, the Florida Legislature passed House Bill 1301, which amended Florida Statute 61.13 to create a rebuttable presumption that equal time-sharing of a minor child is in the child’s best interests. The change took effect on July 1, 2023, and it applies to new divorce and paternity cases as well as many modification cases.

Before this change, Florida had no starting presumption — judges weighed the best-interest factors case by case with no default schedule. Now the starting point is 50/50, and the parent who wants something different carries the burden of proving why.

One terminology note: Florida law doesn’t actually use the word “custody.” Courts order “parental responsibility” (decision-making) and a “time-sharing schedule” (where the child sleeps and spends time), all set out in a required parenting plan.

What “Rebuttable Presumption” Means

A presumption is not a guarantee. Either parent can rebut it by proving — by a preponderance of the evidence, meaning more likely than not — that an equal schedule is not in the child’s best interests. To decide, the judge must still evaluate all 20 best-interest factors in Section 61.13(3)(a)–(t) and make written findings on them. Those factors include each parent’s ability to put the child’s needs first, the division of parenting responsibilities before the case, the child’s school and community record, each parent’s moral fitness and mental and physical health, and any evidence of domestic violence, abuse, or neglect.

When Courts Deny 50/50 Time-Sharing

Common reasons a court departs from equal time-sharing include long distances between the parents’ homes that make week-on/week-off schedules unworkable for school, a parent’s substance abuse or untreated mental health issues, a history of domestic violence (a conviction of first-degree misdemeanor domestic violence or higher creates its own presumption that time-sharing with that parent would be detrimental), a parent’s inability or unwillingness to co-parent and keep the other parent informed, or a very young child’s routine and caregiving history. Parents can also simply agree to a different schedule — the presumption only controls when the parents can’t agree.

Parental Responsibility Is Separate From Time-Sharing

Even when time-sharing isn’t equal, Florida courts almost always order shared parental responsibility, meaning both parents jointly make major decisions about education, healthcare, and religion. A court denies shared parental responsibility only if it finds it would be detrimental to the child.

One More 2023 Change Worth Knowing

The same law made relocation easier to address: if one parent moves to within 50 miles of the other after a long-distance parenting plan was entered, that move can now count as a substantial and material change in circumstances supporting a modification of the schedule.

50/50 Time-Sharing Cases in Miami-Dade County

Family cases in Miami are heard in the Family Division of the Eleventh Judicial Circuit, with filings through the Miami-Dade Clerk of Courts. Miami-Dade judges apply the same statewide 50/50 presumption, and most cases are referred to mediation before any trial — which is often where realistic parenting plans get built. Arturo R. Alfonso P.A. has represented Miami-Dade parents in English and Spanish for over 35 years, from Brickell to Kendall to Cutler Bay. If you’ve been searching for a child custody attorney near me in Miami, we can evaluate how the equal time-sharing presumption applies to your specific situation.

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