Fla. Stat. § 61.13

Time-Sharing &
Parenting Plans

Florida law now starts from 50/50. Since 2023, courts presume equal time-sharing is best for the child — and the parent who wants something different has to prove it. Here is how it works.

Attorney-Reviewed Statute Resource
Reviewed by Joseph Grant, Family Law Attorney (Fla. Bar #97315). Last reviewed: June 2026

The 50/50 Presumption

In 2023, Florida amended § 61.13 to create a rebuttable presumption that equal (50/50) time-sharing is in a child’s best interest. Before this change, there was no presumption for any particular schedule — now, 50/50 is the starting point.

The Governing Statute
Fla. Stat. § 61.13 — Parenting and Time-Sharing (2023 Amendment)
"Unless otherwise provided … or agreed to by the parties, there is a rebuttable presumption that equal time-sharing of a minor child is in the best interest of the minor child."
Read the full statute on Online Sunshine →

A parent who wants a different schedule must rebut the presumption by a preponderance of the evidence, showing equal time-sharing is not in the child’s best interest under the statutory factors.

The Best-Interest Factors

The court still weighs the detailed best-interest factors in § 61.13(3) — each parent’s capacity to care for the child, the stability of each home, the child’s needs, each parent’s willingness to foster a relationship with the other, and more. Every case requires a written parenting plan covering the schedule and how major decisions are made.

The Language Has Changed

Modern Florida Terminology
Florida no longer uses "custody" and "visitation." Instead: parental responsibility (decision-making authority) and time-sharing (the physical schedule). A move within 50 miles of the other parent can now qualify as a substantial change supporting modification.

Frequently Asked Questions

Does Florida presume 50/50 custody now?
Yes. Since July 1, 2023, § 61.13 creates a rebuttable presumption that equal (50/50) time-sharing is in the child’s best interest. It is the starting point — a parent seeking a different schedule must prove by a preponderance of the evidence that equal time-sharing is not in the child’s best interest.
How do you overcome the equal time-sharing presumption in Florida?
By proving, by a preponderance of the evidence, that a 50/50 schedule is not in the child’s best interest under the factors in § 61.13(3) — such as safety concerns, instability, distance between homes, or a parent’s inability to provide consistent care.
Does Florida still use the word "custody"?
Not in the statute. Florida uses "parental responsibility" for decision-making authority and "time-sharing" for the physical schedule with each parent. "Custody" and "visitation" are older terms you may still hear informally.

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This page summarizes Fla. Stat. § 61.13 for general informational purposes and is not legal advice. Statutes change; while this page is reviewed by a licensed Florida attorney, always verify the current text on the official Online Sunshine source or consult an attorney about your specific situation. Serving Martin, St. Lucie, Palm Beach, Indian River, and Okeechobee Counties.