Is Florida a 50/50 Custody State? Time-Sharing Laws Explained (2026)

Is Florida a 50/50 Custody State?

Quick Answer: Florida is not technically a 50/50 presumption state, but it's close. Under F.S. 61.13(2)(c)2, Florida law presumes that shared parental responsibility (joint decision-making) is in the child's best interest. For time-sharing, courts must consider the 20 statutory factors in F.S. 61.13(3) and cannot automatically favor one parent over another.

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Florida's Custody Laws Explained (F.S. 61.13)

Key Terms

Florida doesn't use the word "custody" anymore. Under F.S. 61.13:

The Presumption (F.S. 61.13(2)(c)2)

Under F.S. 61.13(2)(c)2, the court "shall order that the parental responsibility for a minor child be shared by both parents unless the court finds that shared parental responsibility would be detrimental to the child."

This means both parents:

• Share in major decisions (education, healthcare, religion)
• Have access to school/medical records
• Must communicate about the child

For time-sharing (physical custody), there's no strict 50/50 presumption in the statute. However, courts must:

• Consider all time-sharing arrangements under the 20 factors in F.S. 61.13(3)
• Not automatically favor one parent based on gender
• Determine the schedule that serves the child's best interests

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What Judges Actually Order

Time-Sharing Statistics in Florida

The trend: 50/50 arrangements have increased significantly as courts increasingly recognize the importance of both parents' involvement under F.S. 61.13(3).

Common 50/50 Schedules

Week-on/Week-off:

• Parent A: Sunday 6pm to Sunday 6pm
• Parent B: Following week
• Best for: Older children, parents who live close

2-2-3 Rotation:

• Monday-Tuesday: Parent A
• Wednesday-Thursday: Parent B
• Friday-Saturday-Sunday: Alternates
• Best for: Younger children who need frequent contact

3-4-4-3 Schedule:

• Week 1: Parent A has 3 days, Parent B has 4
• Week 2: Parent A has 4 days, Parent B has 3
• Best for: Balance of consistency and equal time

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The 20 Best Interest Factors (F.S. 61.13(3))

Florida judges must consider these statutory factors when determining time-sharing:

Parent-Child Relationship Factors

Child-Focused Factors

Parent Fitness Factors

Safety and Communication Factors

F.S. 61.13(3): Courts must evaluate all 20 factors—no single factor controls. The overriding standard is "the best interests of the child."

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When 50/50 Isn't Ordered

Courts may deviate from equal time-sharing when:

Parental Issues

• History of domestic violence
• Substance abuse problems
• Mental health issues affecting parenting
• Incarceration
• Parental alienation behavior

Practical Issues

• Parents live far apart (different cities/states)
• Work schedules make 50/50 impossible
• One parent travels extensively
• One parent has been uninvolved historically

Child's Needs

• Very young children (breastfeeding infants)
• Special needs requiring consistent environment
• Strong preference of older child
• Established routine shouldn't be disrupted

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How to Get 50/50 Custody

Before Filing

During Divorce

What to Avoid

❌ Withholding children from other parent

❌ Negative comments about other parent to children

❌ Missing scheduled parenting time

❌ Being inflexible about schedule changes

❌ Using children as messengers or spies

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Child Support with 50/50 Custody

Many parents assume 50/50 = no child support. This is wrong.

How It Works

Florida uses the income shares model:

50/50 Example

```

Dad's Income: $80,000/year

Mom's Income: $50,000/year

Combined: $130,000/year

Dad's share: 62%

Mom's share: 38%

Base support (1 child): ~$1,300/month

With 50/50 adjustment: Dad pays Mom ~$200-400/month

```

Key point: The higher earner usually still pays something in 50/50 arrangements.

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Modifying Time-Sharing Later

If circumstances change, you can modify:

Substantial Change Required

• Parent relocation
• Child's needs change
• Parent's schedule change
• Safety concerns arise
• Child's preference (if older)

Process

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We Fight for Fair Time-Sharing

At Divorce.law, we help Florida parents get meaningful time with their children:

• Craft detailed parenting plans that work for your family
• Present your case effectively using the 20 best interest factors
• Negotiate fair time-sharing without unnecessary conflict
• Use AI to analyze your situation and predict likely outcomes

Your relationship with your children is priceless. Protect it.