50/50 Custody in Florida: What the Equal Time-Sharing Presumption Really Means

Florida law starts from a rebuttable presumption that equal time-sharing, often called 50/50 custody, is in a child's best interests. A parent can rebut that presumption with evidence under Florida Statute § 61.13. Our child custody and timesharing practice helps families understand these separate decisions about parenting and schedules.

Quick Summary:

• Equal time-sharing is a starting presumption, not a guaranteed outcome.
• A party seeking to rebut it must prove that equal time-sharing is not in the child's best interests by a preponderance of the evidence.
• Parental responsibility and time-sharing are separate parts of a parenting plan.
• Equal time-sharing does not rule out child support.

If you're separating or divorcing in Palm Beach County, one of your first questions may be how much time you'll have with your children. This guide explains the presumption, the evidence a court considers and what to prepare, with families in Boca Raton, Delray Beach and across Palm Beach County in mind.

On this page

• What does 50/50 custody mean in Florida?
• Does Florida law presume 50/50 time-sharing?
• Is it hard to get 50/50 custody in Florida?
• What can overcome the 50/50 presumption?
• Does equal time-sharing mean no child support?
• What goes into a Florida parenting plan?
• Can a 50/50 schedule be changed later?
• How should you prepare if you want equal time with your children?
• Frequently asked questions about 50/50 custody in Florida
• Talk With Us About Time-Sharing and Your Parenting Plan
• Cited Sources

What does 50/50 custody mean in Florida?

Florida law addresses parenting decisions through parental responsibility and time-sharing. "50/50 custody" is the everyday phrase for equal time-sharing, where a child spends roughly equal time with each parent.

Two separate decisions sit under that phrase:

• Parental responsibility covers who makes major decisions about the child, such as health care and education. Florida courts order shared parental responsibility unless they find it would be detrimental to the child (§ 61.13(2)(c)2.).
• Time-sharing is the schedule that sets when the child is with each parent. The 50/50 presumption applies here.

Because these are separate decisions, your parenting plan has to address both.

Does Florida law presume 50/50 time-sharing?

Yes, as a starting point. Under § 61.13(2)(c)1., unless the statute provides otherwise or the parents agree, there is a rebuttable presumption that equal time-sharing of a minor child is in the child's best interests.

Chapter 2023-301, Laws of Florida, added this presumption, effective July 1, 2023. The statute also states Florida's public policy that each child should have frequent and continuing contact with both parents after separation or divorce.

"Rebuttable" is the key word. A parent who wants a different schedule has to prove, by a preponderance of the evidence, that equal time-sharing is not in the child's best interests. When parents don't agree, the court must evaluate all of the best-interest factors and make specific written findings of fact when it creates or changes a time-sharing schedule. If the parents agree on a schedule and the court approves it, that requirement doesn't apply.

How the presumption applies to an order entered before July 1, 2023 is a separate question, and it's one to raise with a lawyer.

Is it hard to get 50/50 custody in Florida?

It depends on the facts, because the presumption can be rebutted. The statute doesn't promise any particular schedule, and we can't predict how a judge will rule in your case.

Three questions to discuss with your lawyer are:

• Whether you and the other parent can agree on a schedule the court will approve
• What evidence either parent offers about the child's best interests
• Whether another part of the statute applies, such as the rules on domestic violence

The equal time-sharing presumption applies to both parents. The court's focus is the child's best interests under § 61.13(2)(c) and (3).

What can overcome the 50/50 presumption?

A court looks at the specific child and the specific family. Section 61.13(3) says the court must evaluate all of the factors affecting the child's welfare and interests, and the list is expressly not limited to the factors named. Among the factors:

• Each parent's demonstrated capacity to encourage a close, continuing relationship between the child and the other parent, to honor the schedule and to be reasonable when changes are needed
• How long the child has lived in a stable, satisfactory environment, and the value of continuity
• The geographic viability of the plan, with special attention to school-age children and travel time
• The mental and physical health of each parent
• The child's home, school and community record
• The reasonable preference of the child, if the court finds the child has sufficient intelligence, understanding and experience to express one
• The parenting tasks each parent customarily performed before and during the case
• Each parent's involvement in the child's school and activities
• Each parent's ability to keep the child out of the litigation, which includes not discussing the case with the child and not disparaging the other parent
• The child's developmental stage and needs

The court must also weigh evidence of domestic violence, sexual violence, child abuse, abandonment or neglect. Domestic violence is defined in § 741.28. In some situations the statute also creates separate presumptions about shared parental responsibility and time-sharing, so those cases need individual legal advice.

Does equal time-sharing mean no child support?

No. Section 61.13(5) says an order for equal time-sharing does not preclude the court from entering a child support order. Support is set under the child support guidelines in § 61.30.

What goes into a Florida parenting plan?

A parenting plan is the written agreement or order that turns a time-sharing percentage into a working schedule. Section 61.13(2)(b) requires a court-approved plan to, at a minimum:

• Describe in adequate detail how the parents will share the daily tasks of raising the child
• Include a time-sharing schedule that specifies the time the child spends with each parent
• Designate who is responsible for health care, school-related matters and other activities
• Describe the methods and technologies the parents will use to communicate with the child
• Designate locations for exchanging the child, unless both parents agree otherwise in writing

When preparing a proposed schedule, consider the child's developmental needs, school routine and travel between homes. These relate to the factors in § 61.13(3). Our guide to hiring a child custody lawyer in Boca Raton explains what to bring when discussing these questions.

If you have questions about a proposed schedule, schedule a confidential consultation to discuss your family's circumstances.

Can a 50/50 schedule be changed later?

Yes, but only on a showing of a substantial and material change in circumstances and a finding that the change is in the child's best interests. That rule appears in § 61.13(2)(c) and (3).

The statute also gives one example. If the parents lived more than 50 miles apart when the last time-sharing order was entered and one parent moves within 50 miles of the other, that move may be considered a substantial and material change. A change in circumstances alone isn't enough, since the court still has to find that the modification is in the child's best interests. Our guide to modifying a parenting plan in Florida walks through that process.

How should you prepare if you want equal time with your children?

Start with the child's routine and the other parent's concerns, not only your own wishes. In Palm Beach County, these cases are heard in the 15th Judicial Circuit. It helps to gather:

• A realistic week-by-week description of your work schedule and your child's school and activity schedule
• Your home's distance from the child's school and from the other parent's home
• Who has handled school pickups, medical appointments and daily routines so far
• Names of the child's teachers, doctors and activity providers
• Your draft ideas for holidays, school breaks and exchanges

Our Boca Raton divorce attorney page explains how custody fits into the wider divorce process.

Frequently asked questions about 50/50 custody in Florida

Is 50/50 custody the default in Florida?

Do both parents have to agree to 50/50 time-sharing?

Can a child choose which parent to live with?

Does 50/50 time-sharing change child support?

Can a parent lose time-sharing completely?

Talk With Us About Time-Sharing and Your Parenting Plan

Every family's schedule looks different. Schedule a confidential consultation with Yaffa Family Law Group to talk through what Florida's time-sharing rules could mean for you and your children.

Disclaimer (general information): This article provides general information about Florida family law and is not legal advice. Reading it does not create an attorney-client relationship. Every case depends on its own facts, and the law can change. Consult a Florida family law attorney about your situation.

Cited Sources

• Florida Statute § 61.13, Support of children; parenting and time-sharing; powers of court
• Florida Statute § 61.30, Child support guidelines
• Florida Statute § 741.28, Domestic violence definitions
• The Florida Senate, CS/HB 1301 (2023), Chapter No. 2023-301, effective July 1, 2023