Florida Time-Sharing & Parental Responsibility
Florida uses 'time-sharing' and 'parental responsibility' instead of 'custody' (Fla. Stat. § 61.13). A parenting plan is required, and decisions follow the best interests of the child. A 2023 amendment created a rebuttable presumption that equal (50/50) time-sharing is in the child's best interest.
By Find Local Law Editorial Team · Last reviewed: May 26, 2026
Researched and drafted with AI assistance and verified against primary sources (statutes, Judicial Council forms, and official court websites). This is general information, not legal advice.
This is general information, not legal advice. Parenting cases turn on your specific facts — talk to a Florida attorney about your situation.
Florida doesn’t use the word “custody.” Instead it splits parenting into “time-sharing” (when the child is with each parent) and “parental responsibility” (who makes decisions) (Fla. Stat. § 61.13).
The required parenting plan
Every case involving a minor child needs a parenting plan. It must address:
- How parents will share the daily tasks of raising the child;
- The time-sharing schedule;
- Decision-making authority (education, health care, and other major issues); and
- How the parents will communicate with the child and each other.
Best interests of the child
The standard is the best interests of the child, weighed using the statutory factors in § 61.13(3) — things like each parent’s ability to provide a stable routine, the child’s needs, and each parent’s willingness to support the child’s relationship with the other parent.
The 2023 equal-time-sharing presumption
Recent: a 2023 amendment created a rebuttable presumption that equal (50/50) time-sharing is in the child’s best interest. A parent can rebut it by a preponderance of the evidence. Because this is a recent change, confirm the current statute for how courts are applying it.
Time-sharing connects closely to child support, which considers each parent’s overnights. To get matched with a local Florida family-law attorney, connect with a lawyer.
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Start your free intakeFrequently asked questions
- Does Florida use the word 'custody'?
- Not in its statutes. Florida uses 'time-sharing' (the schedule of when the child is with each parent) and 'parental responsibility' (decision-making) instead (Fla. Stat. § 61.13).
- Is there a 50/50 time-sharing presumption in Florida?
- Yes. A 2023 amendment created a rebuttable presumption that equal (50/50) time-sharing is in the child's best interest, which a party can rebut by a preponderance of the evidence (Fla. Stat. § 61.13). This is a recent change — confirm the current statute.
- What is a parenting plan?
- A required document covering how parents will share daily tasks, the time-sharing schedule, decision-making authority, and how the parents will communicate about the child (Fla. Stat. § 61.13).
Sources
Related guides
- Florida Adoption: Who Can Adopt & Consent Chapter 63 governs adoption in Florida. Section 63.042 allows any person to be adopted and lets a married couple, an unmarried adult, or a consenting stepparent adopt. Section 63.062 requires written consent from the mother, a qualifying father, and the minor if 12 or older, unless waived.
- Florida Alimony: Types & the 2023 Reform Under Fla. Stat. § 61.08 a court may award temporary, bridge-the-gap, rehabilitative, or durational alimony. SB 1416 (2023) eliminated permanent (lifetime) alimony for final judgments entered on or after July 1, 2023, and added new limits. Confirm the current statute for the specific year and percentage limits.
- Florida Child Support: Income Shares & Guidelines Florida uses an income-shares model: the parents' combined net income is applied to a guideline schedule (Fla. Stat. § 61.30). The guideline amount is presumptive — a court may deviate up to 5% without written findings, but more than 5% requires written findings. Health insurance and child-care costs are added.
- Florida Divorce: Grounds, Residency & Process Florida is a no-fault state: the usual ground is that the marriage is 'irretrievably broken' (Fla. Stat. § 61.052), with the only alternative being a party's mental incapacity for the preceding three years. One party must have resided in Florida for six months before filing (Fla. Stat. § 61.021).
- Florida Paternity: Establishing Legal Fatherhood Chapter 742 governs paternity for children born out of wedlock. Section 742.10 establishes paternity by judicial adjudication, a voluntary acknowledgment, or an administrative order. A signed voluntary acknowledgment becomes an establishment of paternity and after 60 days is challengeable only for fraud, duress, or material mistake of fact.
- Florida Property Division: Equitable Distribution Florida is an equitable distribution state. The court must begin with the premise that distribution should be equal, unless a justification for an unequal split exists under the statutory factors (Fla. Stat. § 61.075). Marital assets are acquired during the marriage; nonmarital property is owned before marriage or received by gift or inheritance.