At the last moment the Governor of Florida signed into law some significant changes to the statutes on time-sharing, alimony, and other family law topics. These changes were made effective only days after the signing.

Effective from July 1, 2023, the revised law is applicable to all ongoing cases where a final time-sharing order has not been previously issued by the court. This means all pending paternity cases and divorces with children that have not yet had an initial final judgment. Those cases that are up for modification and pending do not enjoy application of the changes.

Time-sharing is defined as the allocation of overnight stays with the child(ren) for each parent. The percentage of time-sharing assigned to each parent not only dictates the number of overnights but also plays a crucial role in calculating child support payments under Florida’s child support guidelines, as outlined in the statutory formula.  A true 50/50 timeshare is 182.5 overnights per parent but typically one parent will have 182 and the other 183 overnight stays.

Under the recent (2023) change, the court will initially assume that a 50/50 split of parenting time is in the best interests of the child. You may presume, unless contradicted by compelling evidence, the court is obligated to grant equal time-sharing to both parents. Compelling evidence is a high bar to meet and it does not typically include what laypersons believe is important – the law requires a high burden when a mother or father is asking the court to interfere with the other parent’s right to participate equally in the raising of the child(ren).

To challenge the presumption of entitlement to equal (50/50) time-sharing, a party must demonstrate that equal time-sharing is NOT in the best interests of the minor child(ren) and is detrimental to their well-being. Unless a time-sharing schedule is mutually agreed upon by the parties and sanctioned by the court, the court must assess all factors specified in the new law and provide explicit written findings if unequal time-sharing is ordered. These  custody or timeshare factors include, but are not restricted to:

1. Each parent’s demonstrated capacity and willingness to foster a close and continuous parent-child relationship, adhere to the time-sharing schedule, and exhibit reasonableness when adjustments are necessary.
2. The extent to which parental responsibilities will be entrusted to third parties.
3. Each parent’s demonstrated capacity and willingness to prioritize and respond to the child’s needs over their own desires.
4. The duration of the child’s residence in a stable, satisfactory environment and the importance of maintaining continuity.
5. Whether a parent has been convicted of a first-degree misdemeanor or more severe offense related to domestic violence.
6. A history of spousal or child abuse.
7. The physical and mental health of each parent.
8. The preference(s) of the child(ren) if they are mature enough to express a valid opinion.
9. Any other factor influencing the best interests of the child.

While the new changes to our laws (F.S. 61) unmistakably establishes 50-50 time-sharing as the legal presumptive starting point in evaluating the “best interests” of the child(ren), the impact of the law on ongoing time-sharing disputes and the difficulty of challenging the presumption will become clearer with time and appellate decisions.

Contact Rhoden Law Group for a courtesy consultation to discuss your timesharing, custody, parental authority, or other family law questions and issues.  Call or text  321-549-3162 or use the Contact form on this site to send an email.