Divorce and separation represent challenging transitions for families, particularly when children are involved. Florida’s legal framework for determining parental responsibility and timesharing continually evolves to prioritize a child’s best interests. A significant legislative change in 2023 introduced a rebuttable presumption that equal timesharing of a minor child is in the child’s best interest, marking a pivotal shift in family law. Understanding this new default and its implications becomes paramount for parents seeking to navigate these complex legal waters.
Florida’s approach to child custody has transformed considerably over the years. Historically, the “tender years doctrine,” which often led to uneven timesharing, began to wane. The 2008 amendments to Florida Statute 61.13 brought a major shift. The law eliminated terms such as “primary residential parent” and “secondary residential parent,” replacing them with the more neutral concept of shared parental responsibility. This version also introduced the mandatory requirement for a parenting plan and a timesharing schedule, placing greater emphasis on parents’ ability to co-parent effectively. Under this prior law, no presumption favored either parent regarding timesharing.
The 2023 legislative changes took another significant step by establishing a rebuttable presumption that equal timesharing is in the minor child’s best interest. Fla. Stat. § 61.13(2)(c)(1) (2023). This means that courts now begin with the assumption that a child benefits from spending roughly equal time with both parents. To deviate from this default, a party must prove by a preponderance of the evidence that equal timesharing is not in the child’s best interest. Fla. Stat. § 61.13(2)(c)(1) (2023).
The court retains broad discretion, however, as the child’s best interest remains the primary consideration in establishing or modifying parental responsibility and timesharing schedules. Fla. Stat. § 61.13(2)(c) (2023). Courts must evaluate all of the twenty factors outlined in Florida Statute 61.13(3) and make specific written findings of fact to support any timesharing schedule, unless the parties agree to the schedule themselves. Fla. Stat. § 61.13(2)(c)(1) (2023); K. Beth Luna & Diane Kirigin, Recapping the 2023 Legislative Year, 38 Fla. B. Fam. L. Sect. Commentator 205, 209 (2023).
Florida Statute 61.13(3) outlines numerous factors a court must consider to determine a child’s best interests. These include, but are not limited to:
These legislative updates mean that while equal timesharing is now the presumptive starting point, it is not automatic. Parents must still present compelling evidence, aligning with the statutory factors, to support their proposed timesharing arrangements. An experienced family law attorney helps parents discern typical developmental responses from genuine issues, encouraging a problem-solving approach rather than fueling unnecessary conflict. Such an attorney fosters low-stress environments and emphasizes the importance of consistent routines and open communication between parents for the child’s well-being.
Navigating Florida’s evolving family law landscape demands nuanced understanding and strategic advocacy. An attorney proficient in these new statutes can provide invaluable guidance, ensuring that any parenting plan truly serves the child’s best interests while protecting parental rights.
About the Author: Anthony Meehan Genova is a highly qualified legal professional specializing in family law, particularly known for his extensive experience in mediation and his commitment to community service. He is Board Certified in Marital & Family Law and has been a Supreme Court Certified Marital & Family Law Mediator since 2019. Mr. Genova has been a dedicated member of the Executive Council of the Family Law Section of the Florida Bar since 2016. His significant involvement within this section includes various leadership and committee roles, demonstrating a deep engagement with the evolution and practice of family law. He has served as Co-chair of the Rules and Forms Committee (2018-2020) and Chair of the Membership Committee (2016-2017). His committee work also includes roles as Vice Chair of the Domestic Violence Committee (2017-2018) and Co-Vice Chair for Diversity and Inclusion (2023-2024), among others. He was also a member of the Equitable Distribution Committee from 2017 to 2020 and the Support Issues Committee from 2014 to 2018.