The Truth About Equal Custody in Florida

50 / 50 Time Share Custody in Florida - New Florida custody laws

Summary

Overview of the major shift in child custody laws in Florida, with a new presumption of 50/50 time sharing unless proven otherwise.

Highlights

  • 📜 Child custody laws have changed significantly in Florida, with a new presumption of 50/50 time sharing.
  • ⚖️ The presumption can be rebutted by showing that 50/50 time sharing is not in the best interest of the child.
  • 💬 There is a misconception that 50/50 time sharing is automatic, but it can be overcome based on individual circumstances.
  • 🏛️ Courts still have discretion to consider unique circumstances and the best interest of the child in determining time sharing arrangements.
  • 🔒 Safety concerns regarding the child override the presumption of 50/50 time sharing and are still prioritized in parenting plans.

Transcript

00:00
child custody laws changed dramatically this year this is not just a small change in the laws I can say is a divorce and family law attorney practicing here in Florida that this has been a major shift in the laws there used to be no presumption either way whether 50/50 time sharing or majority of the time there used to be no

00:19
presumption in the statutes for either one what the court looked at was the best interests of the child that was the analys they did they looked through the different factors to try to determine what was in the best interest of the child and then they would craft a schedule it could be 50/50 or it would
00:39
have been majority with one parent and another percentage of time either you got 50/50 6040 7030 80 20 whatever the judge came up with now there’s a 50/50 presumption of time shift sharing here in Florida so now what does that mean for your custody case here in the State of Florida now both parents are walking
01:04
in on the same footing for 50/50 time sharing if you want to know the legal term for how to overcome that presumption it’s by a preponderance of the evidence and basically you have to go through those child custody factors and show that by a preponderance of the evidence that 50/50 time sharing would
01:25
not be in the best interest for your child since this is a rebuttable presumption that means it’s not automatic it can be overcome and I think that’s where the misconception comes in is people think it’s automatically going to be 50/50 time sharing but not in every situation because of the fact there is that rebuttable presumption
01:50
which can be overcome it doesn’t have to be 50/50 based upon how the court decides when looking at those factors but the big difference is now there’s a presumption in place that 50/50 would be in the best interest of the children unless you can rebut it or the other side can rebut it and that presumption
02:13
was not in place before July 1st 2023 before that there was no presumption now there’s a presumption of 50/50 time sharing being in the best interest to the children unless otherwise proven by you in court or by the other side and this is not something that is in every single case being ordered by judges but as a family law
02:39
attorney we’re seeing it more than I’ve ever seen we’re seeing people from the start realizing well now there’s a presumption in place I’m going to have to overcome that presumption people are looking at time sharing from a different perspective than they ever have they’re coming in thinking okay well there’s a
02:59
very good chance the court can order 50/50 time sharing so I need to make a determination if I want to fight that and there’s a lot of situations where 50/50 time sharing is still not appropriate so the courts do take that into consideration and obviously in any situation where it would be detrimental
03:17
for the child to have 50/50 time sharing the court is also taking that into consideration and this is an analysis the court will go into during that hearing to determine based upon the factors whether or not a 50/50 time sharing schedule would be in the best interest of your child the courts still have broad discretion they can look at
03:38
the unique circumstances of your case and make a determination personally as a divorce and family law attorney here in Florida I’ve seen since July 1st of 2023 a pretty big shift in the way people approach time sharing now if they’ve looked into the changes in the laws at all or if they’ve spoken to
04:01
anybody else about it they realize that okay the statute has changed and sometimes during consultations that might be the first time they understand that the laws have changed significantly and that’s something I go through with people now and explain that the presumption is now 50/50 time sharing that can be overcome but that’s kind of
04:23
the starting point for a lot of the courts if there are significant concerns about child safety that doesn’t change things there are still options for safety focused parenting plans in order to make sure that children are safe so that part of it hasn’t changed in the statute it’s not saying that if a child
04:43
is not going to be safe with another parent they’re still going to get 50/50 custody laws have changed throughout the years and it’s really only a matter of time whether we see if this big major change is something that only stays around until the next legislative session or if it’s around for decades to
05:01
come
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