Florida’s 50/50 Timesharing Presumption.
Rebuttable. Not Automatic.

Florida Statute § 61.13(3) lists 20 factors a court must consider in any timesharing decision. The 2023 amendment added the rebuttable presumption of equal timesharing — but did not eliminate the factor analysis. The court still applies all 20 factors; the presumption simply means equal time is the starting point unless evidence shows otherwise.

The most commonly outcome-determinative factors:

1. Each parent's capacity and willingness to facilitate a close, continuing relationship between the child and the other parent
2. Anticipated division of parental responsibilities historically and after litigation
3. Capacity to determine, consider, and act on the child's needs as opposed to one's own
4. Length of time the child has lived in a stable environment
5. Mental and physical health of the parents
6. Home, school, and community record of the child
7. Reasonable preference of the child (if of sufficient maturity)
8. Capacity to maintain a routine and provide consistency
9. Evidence of domestic violence, abuse, abandonment, or neglect
10. Substance abuse evidence

Practical effect: in cases without specific concerns (no DV, no substance abuse, both parents engaged), Florida courts now default to a 50/50 schedule unless one parent demonstrates a meaningful reason to deviate. Documentation of historical caregiving has become more important — not because it overrides the presumption automatically, but because it informs the factor-by-factor analysis.