02/11/2026
Florida Divorce & Parenting Plans: Equal Time-Sharing Presumption + The 20 Factors Courts Consider
Since July 2023, Florida law creates a rebuttable presumption that equal (≈50/50) time-sharing is in the child’s best interests. Florida Statute §61.13(2)(c): “There is a rebuttable presumption that equal time-sharing of a minor child is in the best interests of the minor child. To rebut this presumption, a party must prove by a preponderance of the evidence that equal time-sharing is not in the best interests of the minor child.”
If parents agree on a Parenting Plan, courts usually approve it without detailed findings. If parents disagree, the judge must:
Evaluate all 20 best-interest factors in §61.13(3)
Make specific written findings explaining why equal time-sharing is or isn’t appropriate.
The 20 statutory best-interest factors (paraphrased):
Each parent’s willingness to foster a close relationship with the other parent.
Division of parental responsibilities after the case.
Each parent’s ability to prioritize the child’s needs over their own.
Length of time child has lived in a stable, satisfactory environment.
Geographic feasibility of the plan (travel time, school impact).
Moral fitness of the parents.
Mental and physical health of the parents.
Child’s school, home, and community record.
Child’s reasonable preference (if sufficiently mature).
Each parent’s demonstrated knowledge of the child’s life (school, friends, activities, doctors).
Each parent’s ability to provide a consistent routine.
Each parent’s ability to communicate, cooperate, and present a united front.
Evidence of domestic violence, child abuse, neglect, or abandonment.
False allegations of domestic violence or abuse made to the court.
Actual parenting tasks each parent performed before and during the case.
Each parent’s involvement in the child’s school and extracurriculars.
Each parent’s ability to provide a substance-abuse-free environment.
Each parent’s ability to shield the child from ongoing litigation conflict.
Child’s developmental stage and each parent’s ability to meet those needs.
Any other fact the court finds relevant to the child’s best interests.
Florida now strongly favors both parents having meaningful, frequent, and continuing contact unless evidence clearly shows otherwise.
Full statute: https://leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.13.html
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This is general information — not legal advice. Every case is unique. Consult a Florida family law attorney for advice specific to your situation.
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