Florida's Equal Time-Sharing Presumption: Two Years After HB 1301

A Quiet Revolution in Florida Custody Law

In July 2023, Governor DeSantis signed HB 1301, which amended Florida Statute 61.13 to create a rebuttable presumption that "equal time-sharing of a minor child by both parents is in the best interests of the minor child." It was a significant shift from the prior framework, where courts considered 20 statutory factors with no thumb on the scale for any particular schedule.

Two years in, the practical impact on Florida family court is now visible. This article walks through what the presumption actually means, how judges have applied it, and where it does and does not change outcomes.

What the Statute Actually Says

The amended Section 61.13(2)(c)(1) reads in relevant part: "Unless otherwise provided in this section or agreed to by the parties, there is a rebuttable presumption that equal time-sharing of a minor child is in the best interests of the minor child." The presumption can be overcome by a "preponderance of the evidence" that equal time-sharing is not in the child's best interest, based on the same statutory factors that existed before.

Three things are worth highlighting about the language:

• It is a presumption, not a mandate. Courts can still order any schedule the evidence supports.
• The burden of proof to rebut it is preponderance, the same standard used throughout civil practice — meaning more likely than not.
• The same 20 best-interest factors in 61.13(3) still control the analysis. The presumption changes the starting point, not the framework.

For a refresher on the factors themselves, our complete guide to child custody in Florida walks through each one.

How Florida Judges Are Applying It

The presumption has produced three identifiable patterns in trial-court rulings:

1. Default 50/50 in Routine Cases

When both parents are involved, geographically close, and reasonably cooperative, judges now default to a 50/50 schedule far more often than they did before 2023. Common rotations include week-on/week-off, 2-2-5-5, and 2-2-3 schedules. Parents who would previously have negotiated for a 60/40 split with primary residence are increasingly starting from equal time and adjusting from there.

2. Real Scrutiny of "Rebuttal" Evidence

Florida appellate courts have signaled that they will reverse trial judges who deviate from the presumption without explicit findings. In several reported decisions, the Second and Fifth District Courts of Appeal have remanded cases where the trial court ordered a non-equal schedule without making written findings on which best-interest factors overcame the presumption. The takeaway: judges must show their work.

3. Carve-Outs for Logistical Reality

The presumption has not survived contact with practical constraints. When parents live more than 50 miles apart, when school-week stability is at stake, or when one parent's work schedule (commercial pilot, traveling sales, healthcare night shifts) makes equal time-sharing impossible to execute, judges have found those factors sufficient to rebut. For more on the 50-mile rule specifically, see our discussion of Florida relocation laws.

When the Presumption Does Not Apply

The statute itself carves out the most important exception: domestic violence. Under 61.13(2)(c)(1), the presumption does not apply when there is a finding of domestic violence under Section 741.30, or when one parent has been convicted of a misdemeanor in the first degree or higher involving domestic violence.

Florida courts have read this exception strictly. An allegation of domestic violence does not eliminate the presumption — there must be a judicial finding or qualifying conviction. That has put pressure on family lawyers to pursue injunctions diligently when domestic violence is genuinely present in a case.

Practical Impact for Parents

If You Are Filing for Divorce or Paternity

Start from the assumption that you will share time equally and plan accordingly. That means:

• Live within a reasonable distance of your co-parent and your child's school.
• Maintain a home with appropriate space for the child.
• Document your historical involvement in the child's life — school pickups, medical appointments, homework, extracurriculars.
• Be prepared to show flexibility on holiday and summer schedules.

If You Are Concerned About Equal Time

If you believe equal time-sharing would harm your child, you need to come into the case with evidence, not just argument. Specific, documented examples of one of the statutory factors — substance abuse, mental health crises, an inability to facilitate the other parent's relationship, a history of disengagement from the child's daily life — will carry far more weight than general accusations.

If You Want to Modify an Existing Order

The presumption does not retroactively modify orders entered before July 2023. You still need to prove a "substantial, material, and unanticipated change in circumstances" to modify an existing parenting plan. The presumption may inform the new schedule once you cross that threshold, but it does not lower the threshold itself.

The Open Questions

Two years in, several issues remain unsettled and are likely to drive litigation through 2026 and 2027:

1. School-week stability: Whether the presumption applies the same way to school-aged children versus pre-school children. Some judges have informally distinguished, others have not.
2. Infant cases: Whether equal time-sharing of an infant under 12 months is consistent with the developmental literature. The statute does not distinguish, but the case law is evolving.
3. Cross-state arrangements: How the presumption interacts with relocation cases under 61.13001, especially when one parent has already moved out of state.

Conclusion

Florida's equal time-sharing presumption is real, it is enforceable, and it has changed the negotiating landscape for parents and their lawyers. It has not, however, created a guaranteed 50/50 outcome. The statutory factors still matter, the evidence still has to be developed, and judges still have wide discretion at the margins.

If you are facing a custody dispute or considering a modification, the right strategy depends on which side of the presumption you are arguing from and what evidence you can develop. Our family law team can help you build the case the new statute requires. Contact us for a free consultation.

Related reading: Navigating alimony in Florida · Mediation versus litigation in family law