Florida's Equal Time-Sharing Presumption: What Parents Should Know
Short answer: Since July 1, 2023, Florida law presumes that equal time-sharing is in a child's best interests. A parent who wants a different schedule must rebut that presumption by a preponderance of the evidence, showing that another arrangement better serves the child under the statutory best-interest factors.
In 2023 Florida amended its time-sharing law to create a rebuttable presumption that equal time-sharing is in the best interests of a child. It was one of the most significant changes to Florida family law in years, and it changed how parents and judges approach the schedule.
What a presumption does
A presumption is a starting point. Before 2023, Florida courts weighed the best-interest factors without a default schedule. Now the analysis starts at equal time, and the parent asking for something different carries the burden of proving why.
The standard is a "preponderance of the evidence," which means it is more likely than not that a different schedule is better for the child. That is the ordinary civil standard, not an especially high one, but it does require real evidence rather than general preference.
What it does not do
- It does not guarantee a 50/50 schedule. The presumption can be rebutted.
- It does not override evidence of domestic violence, abuse, neglect or substance misuse.
- It does not prevent parents from agreeing to a different schedule. Courts generally approve agreements that serve the child.
- It does not change the separate presumption of shared decision-making.
How a parent rebuts it
A judge looks at the same best-interest factors that have long applied. Evidence that can support a different schedule includes:
- Distance between the homes that makes equal school-week time impractical
- A parent's work schedule that prevents consistent care
- A history of one parent being the primary caregiver for a very young child
- Concerns about safety, substance use or neglect
- A parent's failure to support the child's relationship with the other parent
Evidence matters: Courts write findings explaining why a schedule other than equal time-sharing serves the child. Bringing organized evidence, such as school records, calendars and communications, matters more than ever.
Does it apply to older orders?
The presumption applies to time-sharing decisions made under the current statute. A parent seeking to change an older order still has to show a substantial and material change in circumstances since the last order. The presumption does not, by itself, reopen an existing parenting plan. See modifying child support or time-sharing.
Equal time is now the starting line. Where a case ends depends on the evidence about this child.
When to talk to a lawyer
Whether you want an equal schedule or believe a different one is better for your child, the burden and the evidence matter. Heather Harris Law represents Brevard County parents in time-sharing cases and can help you build a plan, and a record, that puts the child first.
Frequently asked questions
Does Florida require 50/50 custody?
No. Florida presumes equal time-sharing is in a child's best interests, but either parent can rebut that presumption with evidence that a different schedule is better for the child.
What evidence rebuts the equal time-sharing presumption?
Evidence tied to the best-interest factors, such as distance between homes, work schedules, caregiving history, safety concerns or a parent's interference with the child's relationship with the other parent.
Can parents agree to something other than equal time?
Yes. Parents can agree to any schedule that serves the child, and courts generally approve reasonable agreements.
Heather Harris Law, 650 South Courtenay Parkway, Suite 101, Merritt Island, FL 32952. Call (321) 452-7055. Heather Harris spent thirteen years as an Assistant State Attorney before opening her practice and is licensed in Florida and Alabama. This article is general information, not legal advice, and reading it does not create an attorney-client relationship.