By Nadia Pazos, Family Law Attorney, Pazos Law Group · Updated June 2026

Florida 50/50 Time-Sharing: The 2023 Equal-Time Presumption

In 2023, Florida significantly changed how courts decide parenting time. House Bill 1301, effective July 1, 2023, amended Fla. Stat. § 61.13 to create a rebuttable presumption of equal time-sharing. This guide explains what that means in plain English for South Florida parents.

1. What changed in 2023

Before the reform, Florida's statute said there was no presumption for or against any particular time-sharing schedule — judges started from a blank slate. HB 1301 replaced that with a clear default: equal 50/50 time-sharing is presumed to be in the child's best interest. The change is found in the amended HB 1301 and § 61.13.

2. What a “rebuttable presumption” actually means

“Rebuttable” is the key word. A 50/50 schedule is now the starting point, but it is not guaranteed. A parent who believes equal time-sharing is wrong for their child can ask the court for a different schedule — but that parent carries the burden of proof and must show, by a preponderance of the evidence (more likely than not), that 50/50 is not in the child's best interest.

3. How the presumption is overcome (best-interest factors)

Courts weigh the statutory best-interest factors in Fla. Stat. § 61.13(3). Common reasons a 50/50 schedule may not be appropriate include:

• A history of domestic violence, abuse, neglect, or abandonment.
• Substance abuse or untreated mental-health issues affecting parenting.
• The distance between the parents' homes making equal exchanges impractical (especially for school-age children).
• A parent's work schedule or availability to actually exercise equal time.
• Each parent's demonstrated ability to provide a stable, consistent routine and to support the child's relationship with the other parent.

4. Does it change an existing parenting plan?

The presumption applies to cases pending or filed on or after July 1, 2023. By itself, the new law is generally not a reason to reopen a parenting plan that was already final — modifying an existing order still requires showing a substantial, material, and unanticipated change in circumstances. Whether the 2023 change applies to a given case has been litigated, so the specific facts and timing matter. (See the Florida Bar Journal's discussion of retroactivity.)

5. What it means for South Florida parents

For most separating parents, the practical effect is that equal time is now the default expectation, and the conversation shifts to logistics — school zones, exchange locations, and schedules — rather than to which parent is “primary.” If you have genuine safety or stability concerns, those still matter, but you will need evidence to support a departure from 50/50. A well-drafted parenting plan is more important than ever. See our related guides on child custody & time-sharing and modifying a Florida parenting plan.

Frequently Asked Questions

Is Florida a 50/50 custody state now?
As of July 1, 2023, Florida presumes equal 50/50 time-sharing is in the child's best interest. It is a rebuttable presumption, so a court can still order a different schedule when the evidence supports it.

How do I get more than 50% time-sharing?
You must prove, by a preponderance of the evidence, that a 50/50 schedule is not in your child's best interest under the § 61.13(3) factors — for example, distance, a parent's availability, or a history of abuse or substance misuse.

Does the new law change my current parenting plan?
Not automatically. It applies to cases pending or filed on/after July 1, 2023; changing a final plan still requires a substantial, material, unanticipated change in circumstances.

Sources

Fla. Stat. § 61.13 (2023, as amended by HB 1301); Florida Legislature, CS/HB 1301 (2023); The Florida Bar Journal, “Retroactivity (or Not) of the Equal Timesharing Presumption.” This article is general information, not legal advice; consult a licensed Florida attorney about your situation.