Florida time-sharing schedule builder
Florida Custody Schedule: 2023 Law, Time-Sharing, and How to Choose
- 50/50 presumption since May 2023
- Written Parenting Plan mandatory
- All schedules use "time-sharing"
- 20 statutory factors still apply
Florida's 2023 Senate Bill 1796 created a rebuttable presumption that equal (50/50) time-sharing is in the best interest of the child. Courts now start from 50/50 and move away from it only when a parent presents evidence justifying a different arrangement. A written Parenting Plan is mandatory for every Florida custody order under F.S. 61.13 — without one, you do not have a custody order.
Reviewed for:
- Accuracy of Florida F.S. 61.13 references
- 2023 Senate Bill 1796 changes
- Practical guidance for FL time-sharing
Reviewed by CustodyBuilder Editorial Team · How CustodyBuilder Works · Last updated August 2024 · Educational information only. Not legal advice.
Educational information only. Not legal advice. Laws and county practices differ — consult a Florida family law attorney for your specific situation. Read disclaimer
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Key Takeaways
- Florida's 2023 law (SB 1796) flipped the framework — 50/50 is now the starting point, not just one option.
- A parent seeking less than 50/50 bears the burden of proof — they must present evidence, not just argue it.
- The 20 F.S. 61.13 factors still apply — they determine whether and how far to move from the 50/50 presumption.
- A written, court-approved Parenting Plan is legally mandatory — informal agreements are not enforceable.
- Florida uses "time-sharing" not "custody" or "visitation" — your documents must use Florida's terminology.
What Changed in Florida Custody Law in 2023
Florida went from "no default" to a 50/50 presumption — the single biggest change in Florida custody law in a generation.
Before May 2023, Florida courts weighed the 20 statutory factors in F.S. 61.13 with no starting presumption. Both parents presented their case, the judge applied the factors, and time-sharing was set accordingly. Parents seeking equal time had no legal advantage over parents seeking primary custody.
Senate Bill 1796, signed into law May 25, 2023, changed that:
- The starting point is 50/50
- A rebuttable presumption means courts begin with the assumption that equal time-sharing serves the child's best interest.
- Burden shifts
- A parent who wants less than 50/50 bears the burden of proof. They must present evidence to overcome the presumption, not just argue it.
- The 20 factors still apply
- The presumption sets the starting point; the factors determine whether to move from it.
One thing that did not change: Florida still does not use the words "custody" or "visitation." The law uses time-sharing. Your Parenting Plan and any court documents should use Florida's terminology.
Laws change, county practices differ, and judges have individual approaches to applying the 2023 presumption — especially for infant cases where developmental factors push against a strict equal split. A Florida family law attorney who practices in your county is the only reliable source of local guidance.
Which Florida Time-Sharing Schedule Is Right for Your Situation?
| Your Situation | Recommended Arrangement | Why |
|---|---|---|
| Both parents near same school, child 6+ | Week-on/week-off | Minimal transitions; school-age kids handle week-long separations well |
| Child under 5, parents close together | 2-2-3 rotation | Shorter gaps better match young children's developmental needs |
| Parents 30-60 minutes apart | 2-2-5-5 rotation | Fewer exchanges than 2-2-3; longer blocks than week-on/week-off |
| Parents 60+ miles apart | Every-other-weekend + extended school breaks | Frequent exchanges not feasible; quality time in longer blocks |
| Infant under 6 months | Step-up plan, day visits initially | 50/50 presumption still applies but courts accept developmental evidence |
| High-conflict relationship | Week-on/week-off with structured exchanges | Fewer handoffs = fewer conflict opportunities; structure reduces ambiguity |
| One parent has irregular work schedule | 2-2-5-5 or negotiated custom | Fixed Mon-Tue/Wed-Thu anchors work around unpredictable longer blocks |
| Teenager with strong preference | Weight child's stated preference heavily | Florida courts give meaningful deference to teenage time-sharing preferences |
The 4 Most Common Florida Time-Sharing Schedules
Most Florida families now use a 50/50 schedule as the default, with the specific pattern determined by the child's age, both parents' proximity, and work schedules.
Week On, Week Off
How it works: Each parent has the child for a full week, alternating on Sunday or Friday. Result: exactly 50/50, with one transition per week.
Choose week-on/week-off if: your child is school-age (roughly 7+), both parents live near the child's school, and your child does better with predictability and minimal transitions. This is the most common 50/50 implementation in Florida — simple, easy to explain to the child, and easy to enforce.
Example: Jenna and Marcus live two miles apart in Orlando. Week-on/week-off has worked well since their daughter Emma was 8. Each parent has a full week of predictable parenting time, and Emma's only transition is a Friday school pickup.
2-2-3 Rotation
How it works: Parent A has Monday-Tuesday. Parent B has Wednesday-Thursday. The 3-day block (Friday-Saturday-Sunday) alternates weekly. Result: 50/50, no parent goes more than three days without seeing the child.
Choose 2-2-3 if: your child is younger (roughly 2-7), you live within 20-30 minutes of each other, and frequent contact with both parents is a priority.
Example: David and Rosa live in adjacent Tampa neighborhoods. Their 4-year-old Leo sees each parent multiple times every week. His pediatrician noted his attachment to both parents is strong — largely because neither parent goes more than three days out of his life.
2-2-5-5 Rotation
How it works: Parent A always has Monday-Tuesday. Parent B always has Wednesday-Thursday. The 5-day block (Friday through Tuesday) alternates weekly. Result: 50/50, with consistent short days and alternating longer blocks.
Choose 2-2-5-5 if: you want 50/50 but the 2-2-3 feels too chaotic and week-on/week-off too long. Both parents know exactly which days they reliably have the child every single week — no week-to-week tracking needed for the short blocks.
Every Other Weekend + Primary Home (Non-50/50)
How it works: One parent is primary, the other has every other weekend (typically Friday evening to Sunday evening) plus one or two midweek visits. Result: roughly 70/30 or 80/20.
Going into a Florida custody hearing seeking a 70/30 split without strong evidence is a significantly harder argument than it was before 2023.
| Schedule | Split | Max Gap | Best For |
|---|---|---|---|
| Week on/week off | 50/50 | 7 days | School-age, predictability, proximity |
| 2-2-3 | 50/50 | 3 days | Young children, close homes |
| 2-2-5-5 | 50/50 | 5 days | Travel schedules, middle ground |
| Every other weekend + midweek | ~70/30 | Varies | Distance, infant schedules, documented cause |
Which Florida Time-Sharing Schedule Fits You?
Are both parents within 30 minutes of the child's school?
- YES → Is your child under 5?
- YES: 2-2-3 rotation (frequent contact matches developmental needs). Consider step-up plan if infant under 12 months.
- NO: Week-on/week-off (school-age predictability; fewest transitions). 2-2-5-5 if work schedule needs fixed anchor days.
- NO → Is the distance under 60 miles?
- YES: 2-2-5-5 or every-other-week (fewer transitions than 2-2-3).
- NO: Every-other-weekend + extended school breaks + summer weeks. You will need to overcome the 50/50 presumption — document the distance and its logistical impact thoroughly.
What Florida Courts Actually Weigh: The 20 Statutory Factors
Florida courts run through all 20 factors in F.S. 61.13(3) even when the 2023 presumption applies. The factors determine whether — and how far — to move from 50/50.
Factor 1: Capacity to facilitate the other parent's relationship
A parent who actively supports the child's relationship with the other parent, makes the child available for calls and visits, and avoids speaking negatively about the co-parent demonstrates the single most important co-parenting quality Florida courts look for.
Factor 2: Stable environment history
Courts are reluctant to disrupt a working arrangement that is serving the child well. If the child has had a stable primary home for three years and is thriving, that history matters.
Factor 3: Geographic viability
The proposed schedule has to be physically achievable. A parenting plan that requires an 8-year-old to commute 90 minutes twice a week for school will not be approved.
Factor 10: Preference of the child
Florida considers the child's preference when the child is old enough and mature enough. Unlike some states, Florida does not set a specific age cutoff — judges have discretion. In practice, a teenager's strong, clearly stated preference carries real weight.
Factor 20: Other relevant circumstances
Florida's catch-all gives judges latitude to consider anything else that materially affects the child's best interest.
In practice, the parent who has documented their involvement — school records, medical appointment logs, communication history — outperforms the parent making unsubstantiated claims. Evidence beats assertion.
Florida Time-Sharing by the Child's Age
Florida's 50/50 presumption applies regardless of age, but courts recognize that how it is implemented varies significantly by developmental stage.
Infants and toddlers (0-3)
Courts are most receptive to departures from strict 50/50 at this age. Developmental attachment research supports shorter, more frequent visits rather than week-long separations for very young children. Breastfeeding is a factor that courts take seriously and can justify more caregiver time in the very early months.
School-age children (4-12)
50/50 schedules are most commonly implemented at this stage. School proximity becomes critical — many Florida courts are reluctant to approve schedules that require long commutes to school from both homes.
Teenagers (13+)
Florida courts give substantial weight to teenagers' preferences. A 15-year-old who strongly prefers spending more time with one parent, and can articulate why, is very likely to influence the judge's decision.
For detailed age-specific guidance, see Custody Schedule by Age and 50/50 Custody Schedule for Babies.
Common Mistakes Florida Parents Make
Treating the 2023 presumption as a guarantee
The presumption is rebuttable. If the facts of your family's situation support a departure from 50/50, a court can and will deviate. Assuming 50/50 is automatic and not making a strong case for your specific arrangement is a mistake on both sides.
Not addressing the holiday schedule specifically
Florida courts want a Parenting Plan with a detailed holiday schedule, not vague language like "we'll alternate." Who has the child for Thanksgiving dinner — 5 PM or does it start at noon? What time does the Christmas period begin and end? Getting specific now prevents future conflicts.
Forgetting that the Parenting Plan must be filed
Some Florida parents reach an informal agreement and rely on it without getting a court-approved Parenting Plan. That informal agreement is not legally enforceable. Under F.S. 61.13, a court-approved written Parenting Plan is mandatory.
Relocating without following Florida's rules
Florida has strict relocation statutes for moves of more than 50 miles. If you have a time-sharing order and want to relocate, you need either the other parent's written agreement or court approval. Florida's relocation statute is triggered by the parent's intended move — filing before you move, not after, is mandatory.
Tools for Your Florida Time-Sharing Plan
Custody Schedule Generator
Design a visual time-sharing schedule, see the percentage split, and download a PDF calendar — all without creating an account. Useful for drafting the schedule section of your Florida Parenting Plan.
Custody Percentage Calculator
Confirm the exact percentage split under any schedule. Useful before finalizing your Parenting Plan.
Overnight Custody Calculator
Count overnights per year — a direct input into Florida's child support formula. More overnights for the higher-earning parent reduces their support obligation.
Holiday Custody Planner
Map out every major holiday for at least two years. Florida mandates a specific holiday schedule in every Parenting Plan.
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Frequently Asked Questions
FAQ
Common Questions About Custody Schedules
Learn how popular custody schedules work and compare parenting time arrangements before creating your calendar.
What did Florida's 2023 custody law change?
Senate Bill 1796, effective May 2023, added a rebuttable presumption that equal (50/50) time-sharing is in the child's best interest. Before this law, courts applied the 20 statutory factors with no starting presumption — equal time had no legal advantage. Now, 50/50 is the starting point, and a parent seeking a different arrangement must present evidence to justify it.
Does 50/50 time-sharing mean exactly equal days?
Roughly equal — 182 or 183 days per year per parent. The specific pattern depends on the schedule chosen. Week-on/week-off and 2-2-3 both produce 50/50. Courts have flexibility on implementation; what matters is that the overall division is substantially equal.
What is a Florida Parenting Plan and do I need one?
A Parenting Plan is a legally required document under F.S. 61.13 for any Florida custody arrangement. It is not optional — not for agreed cases, not for contested cases. The plan must cover the time-sharing schedule, decision-making responsibilities, healthcare, education, and how parents communicate. Without a court-approved Parenting Plan, you do not have a custody order.
Can I get less than 50/50 time-sharing in Florida?
Yes, but under the 2023 law you need evidence to overcome the presumption. Courts look at the 20 F.S. 61.13 factors to determine whether a different arrangement serves the child better. Valid reasons include significant distance between parents, infant developmental concerns, or documented evidence that one parent has had minimal involvement.
How does Florida determine time-sharing if parents can't agree?
Most Florida counties require mediation before the case reaches a judge. If mediation fails, an evidentiary hearing is scheduled where both parents present evidence. The judge applies the 20 statutory factors, starting from the 50/50 presumption. Courts also sometimes appoint a Guardian ad Litem to represent the child's interests.
Does Florida consider the child's preference?
Yes — child preference is one of the 20 statutory factors in F.S. 61.13(3). How much weight it carries depends on the child's age and maturity. Florida does not set a minimum age; judges use discretion. In practice, most judges give meaningful weight to the preferences of children 10 and older, and teenagers' preferences often significantly influence the outcome.
How is child support calculated with a 50/50 Florida schedule?
Florida uses an income shares model. The number of overnights each parent has is a direct input into the calculation — more overnights for the higher-earning parent reduces their support obligation. Use the Overnight Custody Calculator to confirm your overnight count before working through Florida's child support worksheet.
What happens if one parent violates the Parenting Plan?
File a Motion for Contempt with the family court. Florida courts take Parenting Plan violations seriously. Remedies can include make-up time, monetary sanctions, attorney's fees, and in serious cases, modification of the time-sharing arrangement.
This page provides general information about Florida custody schedules and time-sharing law for educational purposes only. It is not legal advice and does not create an attorney-client relationship. Florida custody law changed significantly in May 2023 and continues to be interpreted by courts. Consult a licensed Florida family law attorney before making decisions about your time-sharing arrangement.