On July 1, 2023, Florida rewrote the starting point for every custody case in the state. For decades, judges decided time-sharing case by case, with no built-in assumption about how much time each parent should get. That’s over. Florida law now presumes that a 50/50 custody arrangement is in a child’s best interests. If you’re filing for divorce, hammering out a parenting plan, or asking a court to change an older order, that shift changes where you begin the conversation. Here’s what the law actually says, how the presumption can be challenged, and what it means inside a Miami-Dade courtroom.
What Florida Statute 61.13 Now Says
The 2023 amendment to Florida Statute 61.13 created a rebuttable presumption that equal time-sharing is in the best interests of the child. That single change is why so many parents are rethinking their approach.
A quick note on vocabulary, because people mix these up constantly. Florida no longer uses the word “custody” in its statutes. It uses “time-sharing,” which is the actual schedule of when the child is with each parent. That’s separate from parental responsibility, which is about who makes the big decisions on school, health care, and religion. Parental responsibility can be shared between both parents or, in rarer cases, granted solely to one.
The presumption applies to new cases and to modifications filed after the effective date. And it’s worth being clear about one thing: a presumption is a starting point, not a guarantee. It sets the line you begin at, not where you’ll finish.
The Best Interests Standard Still Rules
The equal time-sharing presumption doesn’t replace the best interests of the child standard. It works inside it. A judge still has to weigh what’s actually good for the child before signing off on any schedule.
Under section 61.13(3), the court looks at a long list of factors. Some of the ones that carry the most weight include each parent’s ability to meet the child’s daily needs, each parent’s moral fitness, whether the proposed schedule even makes sense given where the parents live, the history of who has done the caregiving, and whether each parent is willing to support the child’s relationship with the other parent. That last one matters more than a lot of people expect.
Family law judges keep significant discretion here. Even with the presumption in place, a judge weighs the evidence and crafts the final order as they see fit. Parents who can document their involvement, from school pickups to doctor’s appointments to Saturday soccer, walk in with a stronger footing.
Rebutting the Equal Time-Sharing Presumption
The presumption can be overcome. To do it, a parent has to show by a preponderance of the evidence, meaning more likely than not, that a 50/50 split is not in the child’s best interests. That’s a lower bar than the “clear and convincing” standard some people assume, but it still takes real proof.
Grounds That Can Defeat 50/50
Certain situations give a court reason to move away from equal time. Common grounds include a history of domestic violence or abuse, substance abuse, mental health concerns that affect a parent’s ability to care for the child, a large geographic distance between the two homes, a work schedule that makes equal overnights impractical, and a child’s special needs that call for stability with one parent. None of these are automatic. Each one has to be shown.
The Evidence That Actually Moves Judges
Persuasive evidence looks like documentation, not drama. Think school and medical records, credible witness testimony, communication logs, and reports from a guardian ad litem when one is appointed. Patterns backed by paper beat accusations every time. The burden sits with the parent opposing equal time-sharing, and here’s the catch: unsupported allegations can damage your own credibility and quietly work against you.
Building a Parenting Plan That Works
Every Florida custody case ends with a court-approved parenting plan. The presumption shapes what goes in it, but parents still control a lot of the details. That’s where good preparation pays off.
Common Overnight Visitation Schedules
There are a few popular ways to structure a 50/50 overnight schedule. Week-on/week-off is clean and simple, and it tends to suit older kids. The 2-2-3 rotation keeps younger children from going too long without seeing either parent. The 2-2-5-5 setup gives predictability while still splitting time evenly. Which one fits depends on the child’s age, how close the homes are to school, and each parent’s work hours. Good plans also spell out holidays, summer, and school breaks so nobody’s guessing come December.
Co-Parenting Communication Requirements
A solid parenting plan says how the parents will actually talk to each other. That means naming the method, whether it’s a co-parenting app or email, laying out how shared decisions get made under shared parental responsibility, and building in a way to resolve disputes before they land back in court. One practical tip: courts favor parents who show they can cooperate. Hostile text messages have a way of becoming exhibits.
Relocation and Custody Modification Rules
The presumption also collides with two situations that come up all the time.
Moving More Than 50 Miles
Florida’s relocation statute has teeth. A parent who wants to move with a minor child more than 50 miles away for 60 days or longer needs either the other parent’s written agreement or the court’s approval. You can’t just pack up and go. Because a long-distance move can make equal time-sharing physically impossible, these cases get contentious fast and deserve careful handling.
Changing an Existing Order
The 2023 law also made modifications a bit easier to pursue. It removed the old requirement that a change in circumstances be “unanticipated.” A parent still has to show a substantial and material change plus best interests, but that dropped requirement lowers the bar. The equal time-sharing presumption now applies to modification proceedings too, which opens a door for parents stuck with older, lopsided schedules.
What This Means for Your Case
If you’re seeking equal time-sharing, the law now leans your way, but you still have to show a schedule that works and a willingness to cooperate. If you’re the one opposing 50/50, the burden is on you, and you’ll need documented, credible evidence, so start gathering it early rather than the week before a hearing. And no matter which side you’re on, the fine print of the parenting plan, the schedule, the exchanges, the communication rules, often matters as much as the headline split. Custody outcomes in Miami-Dade courts come down to preparation and evidence. Our team at Reynoso Erickson Trial Law, P.A. handles time-sharing, modification, and relocation matters throughout Miami-Dade County, in English and Spanish.