Navigating Florida’s 50/50 Time-Sharing Presumption

Last year, Florida lawmakers enacted a number of major changes to its custody laws. One of the most impactful of these changes was a switch to a 50/50 time-sharing presumption in child custody cases. Basically, courts are now directed to presume that an equal time-sharing arrangement is always in a child’s best interests when coming up with a visitation arrangement. Read on to learn more about the implications of this important shift and how it could affect your own custody case.

What is the 50/50 Time-Sharing Presumption? 

Under the terms of the new statute, Florida family law judges are now directed to presume that an equal split of parenting time is in a child’s best interests when drafting a visitation schedule. It’s important to note that this doesn’t necessarily mean that time will be split 50/50 in every custody case. Instead, it creates a baseline that favors a more equitable and balanced allocation of parenting time. This standard is in turn based on the underlying idea that the active involvement of both parents in a child’s life (when possible) and the sharing of childcare-related responsibility and decision-making will give a child a more well-rounded and fulfilling life.

Important Considerations

 Prior to the enactment of this new law, there was no presumption regarding the type of time-sharing arrangement that would be most favorable for a family. As a result of the change, courts are now required to begin all custody cases with the assumption that equal time-sharing is ideal. A presumption, however, is not the same thing as a mandate, so courts are still permitted to consider other factors when making time-sharing determinations. Furthermore, the overarching consideration in all custody cases remain the best interests of the child, so, while judges will presume equal time-sharing, they are still concerned primarily with the kind of plan that would be healthiest for a child based on his or her age, health, and developmental needs and the parents’ ability to provide that child with a safe and stable environment.

Benefits of the 50/50 Presumption 

It is hoped that the new equal time-sharing presumption will lead to enhanced parental involvement, as the standard emphasizes the critical nature of the active participation of both parents in a child’s life. This in turn can lead to stronger parent-child relationships in the long run. The emphasis on shared parenting time could also result in more cooperative negotiations between divorcing parents and less litigation regarding visitation schedules. Finally, the new framework brings a level of consistency to cases involving time-sharing determinations, giving courts a clear starting point and streamlining the decision-making process.

Available for Evening and Weekend Appointments 

For help navigating Florida’s new child custody laws, please contact the experienced Clearwater child custody lawyers today. At Cairns Law, we are dedicated to protecting the rights and best interests of our clients. Call us at 727-683-1472 so that we can start putting our experience and resources to work in your own case.

Sources: 

flvoicenews.com/new-desantis-signed-law-presumes-50-50-timesharing-of-a-child-is-best-interest/

flsenate.gov/Session/Bill/2023/1301/Analyses/h1301z1.CJS.PDF