In July 2023, Florida introduced a major change to how child custody decisions are made in divorce and paternity cases. Under the updated law, there is now a legal presumption that equal time-sharing between both parents is in the best interest of the child. This shift, now fully in practice in 2025, has significantly impacted how courts approach parenting plans.

Here’s what Florida parents need to know about this 50/50 custody presumption and how it could affect their case.

What the Law Says

Florida Statute 61.13(2)(c) now includes a rebuttable presumption that equal time-sharing is best for the child. This means courts start from the assumption that each parent should have approximately 50% of the time with the child unless there is clear evidence showing that another arrangement is better for the child.

It’s important to note: this is not a guarantee of equal time-sharing. The court still considers various factors before finalizing a parenting plan.

When the Presumption Can Be Rebutted

The 50/50 presumption can be overcome if one parent presents sufficient evidence that equal time-sharing would not serve the child’s best interests. Common examples include:

  • Evidence of domestic violence, neglect, or abuse
  • Significant distance between the parents’ homes
  • Work schedules that prevent consistent availability
  • The child’s special needs or educational requirements

In these cases, the court may award a different time-sharing schedule that prioritizes the child's well-being.

Factors the Court Considers

Even with the new presumption, judges continue to evaluate custody cases based on several key factors, such as:

  • The ability of each parent to meet the child’s emotional, physical, and developmental needs
  • The child’s relationship with each parent
  • Each parent’s willingness to support the child’s relationship with the other parent
  • Stability of the home environment
  • Moral fitness and mental health of each parent

These elements ensure that decisions remain child-focused rather than strictly based on parental rights.

Impact on Modifications

For existing parenting plans, the 50/50 presumption does not automatically trigger changes. However, parents seeking a modification must show a substantial, unanticipated change in circumstances and demonstrate that a revised plan is in the child’s best interest. The new presumption may influence a court's decision, but it doesn’t eliminate the need to meet legal requirements for modifications.

Final Thoughts

Florida’s equal time-sharing presumption reflects a growing belief that children benefit from having strong relationships with both parents. While 50/50 custody won’t be the right fit for every family, the law encourages fair and balanced parenting arrangements.

If you're navigating a custody dispute or considering a modification, it’s wise to consult a family law attorney who can help interpret how this law applies to your specific situation and advocate for the best outcome for your child.