In Florida, 50/50 time-sharing is not automatic. Since July 1, 2023, Florida Statute 61.13 has established a rebuttable presumption that equal time-sharing is in a child’s best interests[1][2], but the court must still determine the parenting plan and time-sharing schedule under the full statutory framework governing a Florida child custody case. If you’re asking whether a 50/50 schedule happens by default, the honest answer is: the law leans that way, but it isn’t guaranteed.
That shift matters, but it doesn’t remove the analysis a family court still has to do. At Kalish & Jaggars, we walk parents through how equal time-sharing in Florida actually plays out in real cases, because a presumption in the statute book and a workable schedule for your specific family are two different things.
The Equal Time-Sharing Presumption, Explained
Florida Statute 61.13(2)(c)1 [1] states that it is the public policy of Florida for children to have frequent, continuing contact with both parents, and that there is a rebuttable presumption that equal time-sharing is in a child’s best interests. Before July 1, 2023, the statute took no position either way.[2] The current statute establishes a rebuttable presumption, not an automatic 50/50 time-sharing order, and it does not eliminate the court’s obligation to determine a parenting plan that fits the specific family.
A rebuttable presumption is not a guarantee. Under Florida Statute 61.13(2)(c)1, [1] the presumption can be rebutted when a parent proves, by a preponderance of the evidence, that equal time-sharing is not in the child’s best interests. Preponderance of the evidence is a lower bar than the criminal standard of proof beyond a reasonable doubt, but it still requires real evidence, not general frustration with the other parent.
How a Parent Rebuts the Presumption
A parent seeking to rebut the presumption should address the best-interests factors identified in Section 61.13(3), [1] which direct the court to consider a range of circumstances concerning the child, each parent, the parental relationship, safety, stability, and the proposed parenting arrangement. Common categories include:
- A documented history of domestic violence, abuse, or neglect
- Each parent’s ability to provide a stable, consistent environment and meet the child’s needs, as considered under the statutory best-interest factors
- Each parent’s willingness to encourage the child’s relationship with the other parent
- The child’s established routines, school enrollment, and community ties
- The practical logistics of the proposed schedule, including distance and each parent’s work schedule
A judge weighs these considerations together as part of the broader best-interest analysis, which is why two families with similar facts can land on different schedules.
Clear records of parenting time, communications, school involvement, and other relevant events can help a parent present evidence concerning the statutory best-interest factors. Keeping records of missed exchanges and communication can matter later, whether or not you’re expecting a disagreement now.
When Work, School, and Distance Complicate an Even Split
Even where safety isn’t a concern, logistics alone can make a straight even split impractical. Practical circumstances can be relevant to the statutory best-interest analysis, including:
- The distance between the parents’ homes and its effect on school and daily routines
- Each parent’s work schedule and availability
- The child’s developmental and educational needs
- The child’s school, activities, and other established commitments
Depending on the circumstances, parents or courts may consider schedules that allocate substantial time to both parents while adjusting weekday, weekend, holiday, or summer periods to address the child’s needs, such as a majority school-week schedule paired with an even split of holidays and summer break.
Does 50/50 Change Child Support?
Florida child support is calculated under the statutory guidelines in Fla. Stat. § 61.30 [3] and considers factors including the parents’ incomes and the applicable time-sharing arrangement. The number of overnights each parent has can affect the calculation, so a 50/50 schedule may change the amount of support owed.
Equal time-sharing can affect the child-support calculation, but it does not by itself eliminate a parent’s potential support obligation. The resulting amount depends on the statutory guideline calculation and the parents’ financial circumstances, since child support is meant to reflect each parent’s proportional share of the child’s needs rather than simply the parenting-time split.
What an Equal Time-Sharing Schedule Can Look Like
There is no single schedule the law requires. Parents may use a variety of schedules to implement equal time-sharing. Common examples include:
- Week-on, week-off, often paired with a mid-week contact visit
- A 2-2-3 rotation
- A 2-2-5-5 pattern
- Alternating extended weekends paired with a shared weekday split
The suitability of a particular schedule depends on the child’s needs, school and activity schedule, parental availability, and other circumstances. This is usually where general information about Florida law stops being useful, and a conversation about your specific facts should start.
It’s also worth planning ahead for what happens if the schedule doesn’t hold. Once a parenting plan is in place, the next challenge is often keeping it working day to day, and Florida law gives you a defined path to if your co-parent later stops following it.
Frequently Asked Questions
Is Florida a 50/50 custody state?
Not automatically. Since 2023, Florida law establishes a rebuttable presumption that equal time-sharing is in a child’s best interests. A court may order a different schedule when the presumption is rebutted and the statutory best-interest analysis supports a different arrangement.
Can a judge deny equal time-sharing?
Yes. The equal-time-sharing presumption can be rebutted when the evidence shows that equal time-sharing is not in the child’s best interests. The court must apply the applicable statutory framework and best-interest factors when establishing the parenting plan.
Does 50/50 affect child support?
It can change the amount owed in either direction, but it doesn’t eliminate support altogether. Florida’s guideline calculation still weighs the parents’ relative incomes, the number of overnights, and other statutory factors, so whether a given case ends up higher or lower depends on those specific numbers.
You Don’t Have to Guess How This Applies to Your Family
Florida’s equal time-sharing presumption gives you a starting point, not a verdict. Whether you’re trying to secure equal time or explain why it wouldn’t serve your child, the details of your case, including your schedules, distance apart, your child’s needs, and the other circumstances identified in Florida’s best-interest statute, will inform the court’s decision.
Book a consultation with Kalish and Jaggars, and we’ll walk through the law, your options, and what a realistic schedule could look like for your family. Get to know our attorneys, or find the office nearest you among our office locations in West Palm Beach, Fort Lauderdale, and Miami.
Sources
[1] Fla. Stat. § 61.13 | https://www.flsenate.gov/Laws/Statutes/2026/61.13
[2] CS/HB 1301, Ch. 2023-301, Laws of Fla. — created the rebuttable presumption of equal time-sharing in Fla. Stat. § 61.13(2)(c)1, effective July 1, 2023 | https://laws.flrules.org/2023/301
[3] Fla. Stat. § 61.30 | https://www.flsenate.gov/Laws/Statutes/2026/61.30
