Equal Time-Sharing in Florida: What Parents Need to Know

Florida’s approach to child custody has shifted significantly in recent years. Courts now operate under a rebuttable presumption that equal time-sharing between parents serves children’s best interests. If you’re facing a custody dispute, understanding this presumption and when it can be overcome is essential.

What Equal Time-Sharing Means

Equal time-sharing, often called 50/50 custody, means children spend approximately the same amount of time with each parent. This might involve alternating weeks, splitting the week, or other arrangements that result in relatively equal parenting time.

The presumption means courts start from the position that this arrangement benefits children. Previously, judges had broader discretion to award one parent more time based on various factors. Now, the burden falls on the parent seeking unequal time to demonstrate why 50/50 isn’t appropriate.

The Best Interests Standard Still Applies

While equal time-sharing is now presumed, the court’s ultimate focus remains the child’s best interests. Florida Statute § 61.13 outlines over 20 factors judges consider, including:

• Each parent’s ability to encourage the child’s relationship with the other parent
• The moral fitness of each parent
• Physical and mental health of both parents
• The child’s home, school, and community connections
• Geographic proximity between parents’ homes
• Each parent’s knowledge of and participation in the child’s activities
• Evidence of domestic violence or abuse

These factors can overcome the presumption when circumstances warrant unequal time.

When Equal Time-Sharing May Not Apply

Several situations may lead courts to deviate from 50/50 arrangements:

Geographic Distance poses practical challenges. If parents live far apart, frequent exchanges become difficult, especially during the school year. Courts typically prioritize stability in a child’s education.

Work Schedules matter significantly. A parent working night shifts or extended hours may struggle to provide consistent care during their parenting time. Courts examine whether each parent can realistically manage their assigned time.

History of Involvement influences outcomes. A parent who previously had minimal involvement in daily childcare, school activities, or medical appointments may face challenges in immediately transitioning to equal responsibility.

Safety Concerns take priority. Documented domestic violence, substance abuse, or child neglect can substantially affect time-sharing arrangements. Courts will not place children in situations that compromise their wellbeing.

Child’s Preferences receive consideration for older, mature children. While no specific age grants children decision-making authority, judges may weigh a teenager’s reasonable preferences differently than a young child’s.

Creating Effective Parenting Plans

Equal time-sharing requires detailed parenting plans that address:

• Regular weekly schedules
• Holiday and vacation arrangements
• Transportation and exchange logistics
• Communication protocols between households
• Decision-making authority for education, healthcare, and religious matters

Courts now require designated locations for custody exchanges unless parents agree otherwise in writing. This provision aims to ensure safe, predictable transitions for children.

Co-Parenting Success Factors

Equal time-sharing works best when parents can:

• Communicate respectfully about children’s needs
• Maintain consistent rules and expectations between homes
• Remain flexible when schedules require adjustment
• Keep children out of parental conflicts
• Support children’s relationships with both parents

Courts increasingly consider each parent’s willingness and ability to co-parent effectively when making time-sharing decisions.

Protecting Your Parental Rights

Whether you’re seeking equal time-sharing or believe circumstances warrant a different arrangement, documentation matters. Keep records of your involvement in your children’s lives, including school events, medical appointments, extracurricular activities, and daily care responsibilities.

If you have concerns about the other parent’s ability to provide safe, stable care, document specific incidents rather than general complaints. Courts respond to concrete evidence more than characterizations.

The presumption of equal time-sharing represents a significant shift in Florida family law. Working with an experienced family law attorney helps ensure your parenting plan reflects both your children’s needs and your rights as a parent.