Navigating 50/50 Custody in Florida: What Parents Need to Know

In 2023, Florida passed HB301, which updated the parameters for time-sharing arrangements when developing parenting plans in divorce cases. The bill is now a part of Florida Statute 61.13. Before this new law, Florida courts didn’t favor any particular time-sharing agreement. Parents worked together to agree on a time-sharing plan that was in the best interest of their child and fostered relationships with both parents. Now, Florida law favors time-sharing agreements where children spend equal time with both parents, with the rebuttable assumption that this arrangement acts in the child’s best interest. Below, our divorce attorney in Cocoa, FL, shares what this law means for developing a parenting plan when filing for divorce in Florida.

What is the 50/50 Rule for Florida Custody?

Florida’s updated statute makes the rebuttable presumption that joint custody, where children spend equal time with both parents, is in the child’s best interest. This means that 50/50 custody arrangements are the preferred time-sharing schedule when creating a parenting plan and will be approved custody arrangements in most cases. If a parent doesn’t want 50/50 custody, they must prove why this time-sharing arrangement would be detrimental to the child.

When is 50/50 Not Awarded?

Equal custody will not be approved if a parent proves that the 50/50 time-sharing arrangement harms or damages the child’s development. You must work with a divorce attorney in Cocoa, FL, to present proof that 50/50 time-sharing is not ideal and doesn’t act in your child’s best interest. Florida Statute Chapter 61.13(3) lists 20 factors considered when determining whether an action is in a child’s best interest. When choosing whether to grant 50/50 custody of children during a divorce, Florida courts desire arrangements that: 

• Facilitate close relationships with both parents.
• Meet the child’s basic needs.
• Protect the child from neglect or abuse.
• Provide a stable, continuous, and safe living environment.
• Foster the child’s mental and physical development.

Do You Still Pay Child Support with 50/50 Custody?

Yes. Child support is awarded in nearly all divorce cases, even when parents spend an equal amount of time with their children. Child support is usually awarded to a lesser-earning spouse to offer support for the child’s daily needs. The amount of child support awarded is based on both parents’ net monthly income and the number of children that need care, as detailed in Florida Statute 61.30(6).

Common 50/50 Time-Sharing Schedules

While Florida law has determined that equal time-sharing is the preferred custody plan in Florida, parents are free to create a schedule that meets their family’s lifestyle and schedule. However, it must account for each parent spending equal overnights with the children in a calendar year. The time-sharing schedule should also account for school breaks, holidays, vacations, and special occasions. Here are some of the most common 50/50 custody arrangements in Florida:

Alternating Weeks

This simple schedule is easy for parents and children to follow. Parents alternate weeks with their children, spending seven days with one parent and seven days with the other.

3-4-4-3 Schedule

This two-week schedule provides predictability, allowing parents to have set days they spend with their children, which won’t change from week to week. In addition, children will never go more than four days without seeing the other parent.

2-2-5-5 Schedule

The benefit of this schedule is that it allows parents to alternate long weekends with their children. It also provides two set weekdays each parent will always spend with the children. Some parents also find this arrangement beneficial as it can more easily accommodate non-traditional work schedules.

Do Mothers Have More Rights than Fathers in Florida?

No. Florida law has proposed several pieces of legislation that provide equal rights to visitation, spousal support, and child support for both parents to act in the child’s best interest. The newest law ensures parents have the right to spend equal time with their children. This framework encourages both parents to work together to foster collaboration as co-parents once the divorce is finalized.

The Davies Law Firm: Divorce Attorneys in Cocoa, FL

At The Davies Law Firm, we help you foster positive relationships with your children post-divorce. We can help you advocate for your child’s best interest by creating a time-sharing arrangement that fits their needs, allows them to develop deeper relationships with both parents, and provides a stable living environment. Whether you’re filing for divorce or wish to modify your time-sharing plan to request 50/50 custody, we can help you through the process. Contact our team at 855-688-4713 or schedule a consultation online to discuss your case.

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