Florida now presumes 50/50 time-sharing. What rebuts it, and what doesn't.
HB 1301 created a rebuttable presumption that equal time-sharing is in the child's best interest. The statutory factors that still control the rebuttal.
Effective July 1, 2023, Florida law includes a rebuttable presumption that equal time-sharing between parents is in the best interest of a minor child. The change reframes how parenting-plan negotiations and trials are conducted — but not as dramatically as some headlines suggested.
What the presumption actually does
The presumption shifts the starting point. A court begins from 50/50 and deviates based on evidence. Before the 2023 reform, there was no statutory starting point — the analysis ran entirely through the best-interest factors.
What rebuts it
Florida Statute § 61.13 contains twenty best-interest factors that remain the framework for rebuttal. The factors most likely to rebut a 50/50 presumption in practice:
- Domestic-violence history, whether charged or not.
- Substance abuse by a parent.
- Demonstrated inability to meet the child's developmental needs.
- Geographic separation making equal time-sharing impractical.
- The child's relationship with siblings and extended family.
What does not rebut it
Employment differences, income differences, disagreement about schooling choices, or the historical caregiver pattern alone generally do not rebut the presumption. These are factors, but courts have consistently held they do not, standing alone, override an otherwise-fit parent's right to equal time.
