Florida’s recent statutory changes have led a lot of parents to believe that custody cases are basically over before they begin: if the law presumes equal time-sharing is in a child’s best interest, then everyone gets 50/50 every time. Not exactly.
Even with a presumption favoring equal time-sharing, Florida courts are still required to establish (or modify) a parenting plan based on the best interests of the child. The judge does not decide what feels “fair” to the adults. The court decides what works best for the child.
That analysis is not a one-factor shortcut. Florida law still requires the court to consider roughly 20 different factors when determining a child’s best interests in a parenting plan, and those factors can support equal time-sharing in one case and a different schedule in another. The presumption is a starting point, not a guarantee.
In an ordinary case where both parents are involved, live close enough to make exchanges practical, and are both able to handle (with or without help) the day-to-day responsibilities that come with parenting time, equal time-sharing is certainly the most likely outcome. It is also more likely when there are no major safety red flags such as violent felony convictions, documented substance abuse, or significant mental health crises close in time to the case.
The takeaway: expect the court to begin from the idea that 50/50 may be the starting point, but be prepared to address the best-interest factors with real, child-focused facts. The question is not “what schedule do I want?” It is “what schedule best serves this child?”
