Attorney at Law
Florida law provides a rebuttable presumption that equal, 50-50 time-sharing is in a child’s best interests. This does not guarantee equal time in every case, but it means the court begins there and requires evidence to justify a different schedule. If you are going through a divorce or paternity case, this shift directly affects how parenting plans are negotiated and decided.
What Does “Time-Sharing” Mean in Florida?
Florida no longer uses the terms “custody” and “visitation.” Instead, courts refer to time-sharing and parental responsibility. This change in language reflects a broader goal of reducing the sense that one parent ‘wins’ and the other ‘loses.’
Time-sharing refers to the schedule that outlines when your child spends time with each parent. This schedule is included in a court-approved parenting plan. The plan also addresses:
- Decision-making authority
- Communication between parents
- Transportation arrangements
- Holiday and school break schedules
When you are creating or disputing a parenting plan, the focus remains on the child’s best interests, not on either parent’s preference.
Is Florida Automatically a 50-50 State?
No. Florida is not automatically a 50-50 state. As of 2023, Florida Statute § 61.13 creates a rebuttable presumption that equal time-sharing is in a child’s best interests. This means the court starts with the assumption that equal time is appropriate. However, either parent may present evidence showing that a different arrangement better serves the child.
In other words, 50-50 is the starting point, not the guaranteed outcome.
When Can a Court Order Something Other Than Equal Time-Sharing?
Judges must evaluate the statutory “best interests of the child” factors. If the evidence shows that equal time would not serve the child’s welfare, the court may order a different schedule.
Some common considerations include:
- Each parent’s ability to meet the child’s developmental needs
- The stability of each home environment
- The moral fitness and mental and physical health of the parents
- The child’s school and community ties
- Evidence of domestic violence, substance abuse, or neglect
- Each parent’s willingness to encourage a relationship with the other parent
If you believe 50-50 time-sharing would not be appropriate in your case, you must present clear, organized evidence. General frustration with the other parent is not enough.
How the 50-50 Presumption Affects Your Case Strategy
Because equal time-sharing is now the legal starting point, preparation matters more than ever.
If you are seeking equal time, we help you show that you can provide consistency, involvement, and stability. Documentation of your involvement in school, medical appointments, extracurricular activities, and daily routines can make a difference.
If you are requesting a different schedule, we work with you to build a case focused on specific facts. Courts want evidence tied to the child’s well-being, not conflict between adults.
The presumption affects how parenting plans are negotiated and how cases are presented in court. Many cases settle before trial, and the presumption influences how parenting plans are structured from the beginning.
Does 50-50 Time-Sharing Affect Child Support?
Yes, it can. Florida child support calculations consider the number of overnight stays each parent has. When time-sharing is close to equal, the financial analysis may look different than in cases where one parent has a majority of overnights.
However, child support is based on multiple factors, including income, health insurance costs, and childcare expenses. Equal time-sharing does not automatically eliminate child support.
We review both the parenting schedule and the financial implications together, so you understand the full picture before agreeing to any arrangement.
What This Means for Parents
The 50-50 presumption reflects a policy preference for children having meaningful relationships with both parents. At the same time, every family is different.
If your work schedule, your child’s special needs, or past safety concerns make equal time unrealistic, the court can still tailor a plan. The key is presenting a clear, child-focused case supported by facts.
Protecting Your Parenting Rights Starts Here
Time-sharing decisions shape your child’s routine, stability, and relationships. Whether you are seeking equal time or advocating for a different structure, we will help you present a thoughtful, well-prepared case.
At Tupper Law, we represent parents throughout Florida in divorce matters involving time-sharing and parenting plans. If you have questions about how the 50-50 presumption applies to your situation, contact us to schedule a consultation. We will help you understand your options and build a parenting plan that reflects your child’s best interests.