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.