Florida's equal time-sharing presumption, explained for dads.
The 2023 change helps fathers, but it won't do the work for you.
Since 2023, Florida law presumes that equal time-sharing is in the best interests of the child (Fla. Stat. 61.13(2)(c)1.). That presumption can be rebutted by a preponderance of the evidence, and the court still evaluates every best-interest factor in 61.13(3), so a father still needs a workable, documented plan.
If you've heard that Florida law now favors 50/50 time-sharing, you've heard part of the story. The 2023 change is real, and it matters to fathers. It just doesn't decide your case on its own, and there's still real work for you to do.
What actually changed in 2023?
Before 2023, the statute said there was no presumption for or against either parent. Now the court begins from equal time. A parent who wants something different has to prove it by a preponderance of the evidence, the standard that asks whether something is more likely true than not. That's a real shift in where the conversation starts.
So why might I still end up with less than half?
Because the best-interest factors still apply, and the judge still works through them. A presumption is a starting point, not a result. A father who can't cover school pickups, lives an hour away, or has a history the court will weigh may still end up with less than half. In other words, the court is going to look closely at how your life actually works, and you need to be ready to show it.
How do I put the presumption to work for me?
The presumption helps most when you come in with a plan a judge can picture working. That usually means three things:
- A specific schedule, such as week-on, week-off or 2-2-5-5, rather than a general request for equal time
- Your work hours, and who covers childcare when you're working
- Records of your involvement with school and doctors
A concrete proposal backed by documents gives the court something it can approve. A bare request for 50/50 leaves the details for someone else to fill in.
The law now gives you an even starting point. What you build on it is what the court will see.
Get a plan before your next court date.
Start with a one-on-one strategy session with Attorney Fraser. You leave with a written plan: what the court is likely to look at, what to file, what it costs, and the timeline. No surprise bills.
Prefer email? mail@fraserlawfl.com. Divorce or alimony? See our full family practice at FirstCoastFamilyLawyers.com.