Anthony Meehan Genova, Esq., B.C.S.
Florida child custody law underwent a significant transformation with amendments to Section 61.13 of the Florida Statutes, establishing a statutory rebuttable presumption in favor of equal time-sharing. Under Florida law, public policy explicitly favors frequent and continuing contact between minor children and both parents after a marriage dissolves or parents separate. However, while the statute creates a baseline presumption of equal time-sharing, it simultaneously imposes a strict procedural requirement on trial courts: when creating or modifying a parenting plan and time-sharing schedule, the trial judge must evaluate all statutory best interests factors and issue specific written findings of fact. For parents in Lakeland and throughout Central Florida, these rules shape how every custody case is decided, whether the court is entering a first parenting plan or modifying an existing one.
Section 61.13(2)(c)1 of the Florida Statutes establishes the foundational policy and procedural rules governing time-sharing:
“Unless otherwise provided in this section or agreed to by the parties, 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. Except when a time-sharing schedule is agreed to by the parties and approved by the court…”
When a trial court fails to articulate these mandatory written findings, or when it misapplies the evidentiary burden required to rebut equal time-sharing, it commits reversible error. The Florida Second District Court of Appeal forcefully reaffirmed these principles in Lally v. Raber, 434 So. 3d 811 (Fla. 2d DCA 2026). It also extended this requirement when a party brings a supplemental petition for modification of a final judgment. Examining Section 61.13 alongside Lally demonstrates how statutory presumptions, evidentiary burdens, and mandatory written findings govern modern Florida custody litigation.
“Lally contends that although the trial court correctly found a substantial and material unanticipated change in circumstances warranting modification, it did not make adequate written “best interests” findings under section 61.13(2)(c)1 and (3), Florida Statutes (2024), to support the relief that it ordered. We agree and therefore reverse and remand for the court to make those required findings. See Brown v. Brown, 239 So. 3d 1271, 1272 (Fla. 2d DCA 2018) (“[B]ecause the record does not contain adequate factual findings for this court to conduct meaningful appellate review of the parental time-sharing schedule, we reverse the amended parenting plan and remand for the trial court to make the necessary factual findings.”). We leave it to the trial court to determine whether the current record is sufficient or whether additional evidence is needed.”
Lally v. Raber, 434 So. 3d 811, 812 (Fla. 2d DCA 2026)
Are you building, modifying, or challenging a parenting plan? Our child custody attorneys in Lakeland can help you present the evidence the court needs and make sure the required findings are on the record.
Anthony Meehan Genova, Esq., B.C.S., is a highly qualified legal professional specializing in family law, particularly known for his extensive experience in trial and his commitment to community service. He has physical offices in Lakeland and Orlando as well as a remote office in Weston, Florida. He graduated from the University of Miami Law School in 1986 and won his first murder trial in 1987.
Mr. Genova is Board Certified in Marital & Family Law. This certification, widely regarded as the “gold standard” for Florida lawyers, signifies Florida’s official, independent determination of a lawyer’s expertise to practice in a specialty field of law. The Board Certification program, overseen by The Florida Supreme Court and administered by The Florida Bar, rigorously evaluates all board-certified lawyers for credibility, expertise, professionalism, and ethics.
To achieve this esteemed certification, Mr. Genova demonstrated a dedication to achieving a heightened level of excellence through character, professionalism, ethics, and credibility. The rigorous process requires at least five years of practice, substantial involvement in the chosen area, successful passing of a comprehensive examination, and a rigorous peer-review process. Additionally, board-certified lawyers must satisfy continuing legal education requirements that are more robust than those for general licensure. This certification is valid for five years and requires continued practice and attendance of Florida Bar-approved continuing legal education courses for recertification. As of 2023, only 260 lawyers in Florida (less than 1% of the 114,000 eligible Florida Bar members) have earned board certification in Marital and Family Law. Clients retaining a board-certified lawyer like Mr. Genova gain access to specialized expertise, professionalism & ethics, credibility, and a heightened dedication to excellence, offering assurance of a heightened level of proficiency in Marital & Family Law.
In addition to his board certification, Mr. Genova has been a Supreme Court Certified Marital & Family Law Mediator since 2019.
Mr. Genova is also trained in Collaborative family law since 2017.
He 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. Mr. Genova is currently the 2025-26 Chairman of the Domestic Violence Committee and has a “Stand Your Ground” article published in the September/October 2026 Florida Bar Journal.
Anthony Genova is Qualified to be Lead Counsel in Defense of Individuals Facing the Death Penalty.
Mr. Genova is a partner with Anthony J. Caggiano, Esq., B.C.S. who is Board Certified in Civil Trial and specializes in personal injury and medical malpractice. Mr. Caggiano’s office is in downtown Orlando.