This is not a blog about general custody concepts you can find anywhere online. This is specifically about what Florida law says right now — after the most significant change to time-sharing law in decades — and how it affects parents across Jacksonville, Ponte Vedra, Fleming Island, Fernandina Beach, and all of Northeast Florida.
At Erlinger Family Law, we have been guiding parents through these changes since they took effect. Many parents — and even some attorneys who do not specialize in family law — are still operating under the old rules. That misunderstanding can cost you significantly. Let us set the record straight.
The Old Law vs. The New Law — A Critical Difference
Before July 1, 2023, Florida Statute § 61.13(2)(c)1 stated plainly: "there is no presumption for or against the father or mother of the child or for or against any specific time-sharing schedule." In other words, courts started from a blank slate and figured out what schedule worked best based on the evidence.
After July 1, 2023, that language was replaced with: "there is a rebuttable presumption that equal time-sharing of a minor child is in the best interests of the minor child."
This is a fundamental shift. Instead of starting from zero, Florida courts now begin with the assumption that 50/50 is the right answer — and anyone who wants a different arrangement must prove by a preponderance of the evidence (more likely than not) that equal time-sharing is not in the child's best interest. The burden has shifted significantly.
What "Rebuttable Presumption" Actually Means in Court
A rebuttable presumption means the law assumes something is true — but that assumption can be overcome with evidence. The 50/50 presumption does not mean every case results in an equal schedule. It means that if you want something other than 50/50, you have to prove why.
To overcome the presumption, a parent must prove by a preponderance of the evidence — meaning it is more likely than not — that equal time-sharing is not in the child's best interest. Courts will consider evidence such as:
• A history of domestic violence, child abuse, or neglect
• Substance abuse problems
• A parent's inability to provide a stable home environment
• The parents living significant distances apart making 50/50 impractical
• A parent's history of not being involved in the child's day-to-day life
• Mental health issues that affect parenting capacity
The court is still required to evaluate all factors in § 61.13(3) and make specific written findings of fact if it deviates from the 50/50 presumption.
The Most Common 50/50 Time-Sharing Schedules in Florida
If the court applies the equal time-sharing presumption, several practical schedules can achieve a 50/50 split. The right one depends on your children's ages, school locations, work schedules, and living arrangements.
Modifying an Existing Time-Sharing Order — The Standard Also Changed
The 2023 law change did not just affect new cases — it also changed the standard for modifying existing time-sharing orders. Before July 1, 2023, to modify a parenting plan or time-sharing schedule, a parent had to prove a "substantial, material, and unanticipated change in circumstances."
After July 1, 2023, the word "unanticipated" was removed. Now a parent must only prove a "substantial and material change in circumstances." This is a meaningful difference — it means changes that were foreseeable at the time of the original order may now be grounds for modification, where they previously would not have been.
Common qualifying changes include: a parent relocating, a significant change in the child's needs, a parent's change in work schedule, evidence of parental alienation, or a change in a parent's living situation that affects the child.
Does the 2023 Law Apply to Existing Orders?
This is one of the most common questions we receive — and the answer requires careful legal analysis. The equal time-sharing presumption is not automatically retroactive to existing parenting plans entered before July 1, 2023. The Florida Bar has published analysis confirming that existing orders are not simply wiped away by the new presumption.
However, if you file a petition to modify an existing parenting plan after July 1, 2023, the new presumption may come into play depending on how the court interprets the retroactivity question — which is still being litigated in Florida courts. This is a nuanced, evolving area of law. If you have a pre-2023 order and are considering a modification, getting legal advice from an attorney who is current on these developments is essential.
Relocation — The 50-Mile Rule Every Parent Must Know
Regardless of the 2023 changes, one rule that remains critical: if you have a time-sharing order and want to move more than 50 miles from your current residence — even within Florida — you must either obtain written consent from the other parent or petition the court for permission to relocate.
The court evaluates relocation requests based on factors including: the reason for the move, how it will affect the child's relationship with the non-relocating parent, whether an alternative time-sharing schedule can maintain that relationship, the child's ties to the current community, and the child's preference if age-appropriate.
Relocating without permission is a serious violation of a Florida court order. It can result in the relocating parent losing primary time-sharing, being held in contempt of court, and being ordered to return the child immediately.
Parental Alienation — What Florida Courts Watch For
Florida Statute § 61.13 explicitly requires courts to consider each parent's capacity and willingness to "facilitate and encourage a close and continuing parent-child relationship" with the other parent. This means parental alienation — conduct designed to damage a child's relationship with the other parent — is not just morally wrong, it is legally significant.
Alienating conduct includes: speaking negatively about the other parent to or in front of the child; interfering with phone calls, video calls, or visits; refusing to follow the court-ordered time-sharing schedule; involving the child in adult conflict; or attempting to make the child choose sides. Courts have the authority to modify time-sharing, reduce parenting time, and even transfer primary residence to the other parent when alienation is proven.
Document every instance of interference with dates, times, and specific details. This evidence is powerful in both modification and enforcement proceedings.
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Your Relationship With Your Child Is Worth Fighting For
The 2023 law changes created new opportunities for parents who want more time with their children — and new risks for those who do not understand them. Jennifer Erlinger is a former Assistant State Attorney who knows this law and fights to protect your parental rights. Your first consultation is completely free.
Time-sharing decisions shape your child's daily life — their school routine, their holidays, their sense of security and belonging. At Erlinger Family Law, we treat every time-sharing case with the seriousness it deserves. Whether you are navigating a new divorce, fighting for more time with your children, or trying to enforce an existing order, we are here to help every step of the way.