50/50 Custody in Florida: When Judges Do Not Order Equal Time-Sharing

In 2023, Florida changed its family law: the state now presumes that equal time-sharing—commonly called 50/50 custody in Florida—is in a child’s best interest. For parents going through divorce or a paternity case, this shift matters. It changes the starting point, but it does not guarantee the outcome.

What Is 50/50 Custody in Florida? 

50/50 child custody in Florida refers to equal time-sharing between both parents. Under Florida Statute § 61.13, as amended in 2023, the law presumes this arrangement serves the child’s best interest—unless a parent presents credible evidence showing otherwise.

What the 2023 Law Changed

Before July 1, 2023, Florida courts evaluated time-sharing by weighing best-interest factors without any default starting position. A judge could order any arrangement that served the child.

Florida Statute § 61.13 now establishes a rebuttable presumption that equal time-sharing is in the best interest of the child. Under Florida’s 2023 custody law, the court presumes 50/50 is appropriate unless a parent presents credible evidence to overcome that presumption.

A rebuttable presumption is a legal starting point, not a guarantee. If no evidence supports a different arrangement, the court should order equal time-sharing. If a parent presents evidence that 50/50 is not appropriate, the court weighs that evidence and may order something different. The burden falls on the parent seeking to deviate—they must show, by a preponderance of the evidence, that equal time-sharing is not in the child’s best interest.

Judges do not deviate based on preference or minor conflict between parents. The evidence must be substantial.

When Courts Deviate from 50/50

Despite the presumption, courts in Florida regularly order less than equal time-sharing when the facts warrant it. In our experience handling 50/50 custody cases in Florida, the most common situations include:

When Do Florida Courts Deny 50/50 Custody? Courts most commonly deviate from equal time-sharing when a parent demonstrates: domestic violence or abuse; active substance abuse; an inability to co-parent cooperatively; long-distance separation between parents; or a documented history of parental disengagement.

Domestic violence or abuse. Under § 61.13(2)(c)3, a parent convicted of a first-degree misdemeanor or higher involving domestic violence faces a separate rebuttable presumption that shared parental responsibility is detrimental to the child. Courts treat documented domestic violence seriously—police reports, injunctions, medical records, and witness testimony all carry weight in the time-sharing analysis.

Active substance abuse. A parent with untreated addiction issues may receive supervised or reduced time-sharing. The child’s safety comes first, and substance abuse that impairs parenting capacity is a legitimate basis for deviation.

Inability to co-parent. Equal time-sharing requires a baseline level of cooperation. When parents cannot communicate without hostility, consistently fail to exchange the child, or actively undermine each other’s relationship with the child, courts may structure time-sharing to reduce conflict rather than enforce an equal split.

Geographic distance. When parents live far apart, a strict 50/50 rotation is often impractical. Courts may order a primary residence with extended vacation time for the parent in a different city or state.

Demonstrated disengagement. The presumption favors involved parents. A parent who has been historically disengaged—absent from school events, uninvolved in healthcare, or minimally present in daily care—may receive a schedule that reflects actual prior involvement rather than an idealized equal split.

What Evidence Courts Consider Courts rely on credible, objective evidence, not allegations alone. This includes police reports and protective injunctions, medical or school records, text messages and emails, witness testimony, and findings from a Guardian ad Litem or custody evaluator. The strength and specificity of that evidence determines whether it is sufficient to overcome the 50/50 presumption.

If your case involves any of these issues, early legal strategy can significantly impact your time-sharing outcome. Contact our attorneys to discuss your options before positions become entrenched.

The Best-Interest Factors Courts Apply

Even with the presumption in place, courts evaluate every time-sharing arrangement through the best-interest factors in § 61.13(3). These include each parent’s willingness to be involved in the child’s daily life; the mental and physical health of each parent; home stability; the child’s ties to school and community; each parent’s ability to communicate and co-parent; any history of domestic violence or abuse; and the child’s own preference, for children of sufficient age and maturity.

No single factor controls. Courts weigh them together in the context of each family’s situation. For a detailed overview of how Florida courts apply these factors to equal time-sharing in Florida, visit our child custody page.

What Equal Time-Sharing Looks Like

Equal time-sharing does not mean a single fixed schedule. Courts approve various arrangements that achieve roughly equal division—alternating full weeks, a 2-2-3 rotation, or extended weekend arrangements. The right schedule depends on the child’s age, school location, each parent’s work schedule, and where the parents live relative to each other.

Florida requires all time-sharing cases to produce a written parenting plan regardless of whether parents agree. The plan must address daily responsibilities, healthcare decisions, school enrollment, extracurriculars, communication between parents, and the full time-sharing schedule including holidays. Violations can result in contempt, modification of time-sharing, or other sanctions.

Most contested time-sharing disputes go through mediation before reaching a judge—giving parents the opportunity to reach a customized arrangement rather than leaving the decision to the court. When mediation fails, the court holds an evidentiary hearing and applies the statutory factors.

Frequently Asked Questions

Does Florida automatically give both parents 50/50 custody? No. The 2023 law creates a presumption in favor of 50/50, but courts deviate when a parent presents credible evidence that equal time-sharing is not in the child’s best interest. The presumption is a starting point, not a guarantee.

Does the equal time-sharing presumption apply in paternity cases? Yes. The 2023 amendments apply to both dissolution of marriage cases and paternity proceedings under Chapter 742.

What if we agree on time-sharing ourselves? If both parents agree on a schedule, the court will generally approve it as long as the arrangement serves the child’s best interest. Courts do not impose equal time-sharing when parents have reached a workable agreement on their own.

Can a parenting plan be modified later? Yes. Either parent can seek modification if there is a substantial and material change in circumstances since the last order. The 2023 amendments also removed the prior requirement that the change be “unanticipated,” making modifications more accessible than under prior law.

requirement that the change also be “unanticipated,” making modifications somewhat more accessible than under prior law. Modification proceedings involve their own analysis and legal standards.