The Rebuttable Presumption of Equal Timesharing

Florida's 2023 amendment to § 61.13 created a rebuttable presumption of equal timesharing. In practice, that shift changes how cases are litigated more than how they are decided.

The 2023 amendment to Fla. Stat. § 61.13 established a rebuttable presumption that equal timesharing of a minor child is in the child's best interest. A party seeking a different schedule must overcome that presumption by a preponderance of the evidence.

The statutory best-interests factors remain unchanged and continue to govern the analysis. In practice, the presumption shifts the burden of persuasion and refocuses discovery on the factors most likely to rebut it — work schedules, geographic proximity, historical caregiving, and the child's developmental needs.

The 17th Judicial Circuit has continued to apply the § 61.13 factors thoughtfully, and equal timesharing is not automatic. Cases involving very young children, meaningful geographic distance, or documented parenting concerns still routinely result in unequal schedules.

This article is provided for general informational purposes and does not constitute legal advice. For guidance on your specific circumstances, contact our office.

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