On July 1, 2023, Florida fundamentally changed how courts approach child custody. House Bill 1301, signed into law by Governor DeSantis, established a rebuttable presumption that equal time-sharing with both parents is in the best interests of the child. This represents one of the most significant shifts in Florida family law in decades, and every parent involved in a custody dispute needs to understand what it means in practice.
What the Law Actually Says
HB 1301 amended Florida Statute 61.13 to create a presumption that approximately equal time-sharing is in the best interests of the child. The operative word is "rebuttable" -- the presumption can be overcome, but only with competent evidence showing that equal time-sharing would be detrimental to the child.
Before this law, Florida courts had no presumption favoring any particular time-sharing arrangement. Judges evaluated each case individually using the best interests factors, and outcomes varied widely depending on the judge, the circuit, and the specific facts. Some parents received 50/50 schedules while others received every-other-weekend arrangements, often with little predictability.
Now, the starting point for every custody determination is equal time-sharing. The burden falls on the parent who opposes a 50/50 schedule to demonstrate why it should not apply.
What "Equal Time-Sharing" Means Practically
Equal time-sharing does not necessarily mean a rigid alternating-week schedule. Courts retain discretion to structure the schedule in a way that serves the child's needs while maintaining approximately equal overnight stays with each parent.
Common 50/50 arrangements include:
- Alternating weeks -- One week with Parent A, the following week with Parent B. This is the simplest structure and works well for older children.
- 2-2-3 rotation -- Parent A has Monday and Tuesday, Parent B has Wednesday and Thursday, and weekends alternate on a Friday-through-Sunday basis. This limits the time any young child goes without seeing either parent.
- 3-4-4-3 rotation -- A two-week cycle where each parent has one three-day block and one four-day block per week, alternating the longer block.
- Split weeks -- Parent A has Monday through Wednesday, Parent B has Thursday through Sunday, then they switch the following week.
The best schedule depends on the children's ages, school locations, the parents' work schedules, and geographic proximity between households.
When Courts Will Deviate from Equal Time-Sharing
The presumption is strong but not absolute. Courts can order unequal time-sharing when evidence demonstrates that a 50/50 arrangement would harm the child. Factors that may rebut the presumption include:
- Domestic violence -- A finding of domestic violence under Florida Statute 741.28 creates a separate rebuttable presumption under Florida Statute 61.13(2)(c)(2) that it is detrimental for the child to have any contact with the abusive parent. This can override the equal time-sharing presumption.
- Substance abuse -- Documented substance abuse by either parent, particularly when it affects parenting capacity, provides grounds to deviate.
- Geographic distance -- If parents live far enough apart that a 50/50 schedule would require excessive travel or school disruption, the court may adjust.
- Very young children -- While the law does not create an age-based exception, courts may consider the developmental needs of infants and toddlers when structuring overnight schedules.
- Parental fitness concerns -- Mental health issues, incarceration, abandonment, or a demonstrated pattern of inability to provide appropriate care can all rebut the presumption.
- The child's established pattern -- If a child has been in a stable arrangement with one primary parent for an extended period, courts may weigh continuity and stability.
The Best Interests Factors Still Apply
HB 1301 did not eliminate the 20 best interests factors listed in Florida Statute 61.13(3). Those factors remain the framework for every custody determination. The presumption of equal time-sharing operates within that framework -- it establishes the starting point, but the court still evaluates all relevant factors before entering a final order.
This means that evidence regarding each parent's moral fitness, the child's home stability, the willingness of each parent to facilitate a relationship with the other parent, and the other statutory factors continues to matter.
How This Changes Litigation Strategy
The practical impact of HB 1301 on custody litigation is substantial.
- For the parent seeking equal time-sharing -- The presumption works in your favor. You no longer need to affirmatively prove that 50/50 is best for the child. Instead, you must demonstrate that you are a fit, capable parent willing to facilitate the child's relationship with the other parent.
- For the parent opposing equal time-sharing -- The burden is now yours. You must present clear, persuasive evidence that deviating from 50/50 serves the child's best interests. Vague concerns or personal preferences will not overcome the presumption.
- For both parents -- Cooperation matters more than ever. Courts evaluate each parent's willingness to honor the time-sharing schedule and support the child's relationship with the other parent. A parent who obstructs or undermines the other parent's time may find the court unsympathetic.
Impact on Existing Custody Orders
HB 1301 applies to new cases filed on or after July 1, 2023. It also applies to modifications of existing orders, but only when a parent files a petition for modification and demonstrates a substantial, material, and unanticipated change in circumstances as required by Florida Statute 61.13(3).
The new presumption alone does not constitute a change in circumstances sufficient to justify modification. Parents with existing unequal time-sharing arrangements cannot simply cite the new law as grounds for a 50/50 order. They must show an independent change in circumstances and then argue that the presumption should apply in the modification analysis.
Preparing for a Custody Case Under the New Law
Whether you are filing a new case or seeking modification, the following steps strengthen your position under Florida's current framework.
- Document your involvement -- Keep records of school attendance, medical appointments, extracurricular activities, and daily caregiving.
- Maintain a stable home environment -- Courts evaluate the home, school, and community stability each parent can provide.
- Facilitate the co-parenting relationship -- Demonstrate through actions, not just words, that you support the child's relationship with the other parent.
- Address any concerns proactively -- If the other parent has legitimate concerns about your parenting, address them before they become courtroom arguments.
Florida's equal time-sharing presumption reflects a policy judgment that children generally benefit from substantial, meaningful time with both parents. Understanding how this presumption works -- and how it can be rebutted -- is essential for any parent navigating the custody process.