Florida's equal time-sharing presumption is a starting point for deciding where a child spends time. A workable parenting plan must also explain how the parents will make decisions, handle holidays, and manage the child's daily life.
What the equal time-sharing presumption means
Florida law creates a rebuttable presumption that equal time-sharing is in a minor child’s best interests, unless another provision of the statute applies or the parents agree otherwise. A party opposing equal time-sharing must prove by a preponderance of the evidence that it is not in the child’s best interests. Except for a schedule agreed to by the parties and approved by the court, the court must evaluate all twenty statutory best-interest factors and make specific written factual findings when creating or modifying the schedule. The requirement applies to contested equal schedules as well as unequal schedules. Fla. Stat. § 61.13(2)(c)1., (3) (2026).
A parent should prepare a proposed calendar that works during the school year as well as summer. Consider commute times, school start times, childcare, and each parent's actual availability. A schedule that looks equal on paper can create repeated disruptions if exchanges require long drives before school or routinely depend on unavailable caregivers.
Parenting time and decision making are different
Time-sharing concerns when a child is with each parent; parental responsibility concerns decision-making. Shared parental responsibility must ordinarily be ordered unless the court finds it would be detrimental to the child. The court may allocate ultimate authority over particular subjects based on the child’s best interests. Safety-related statutory presumptions can affect responsibility and time-sharing. A request for an unequal schedule is not the same as a request for sole decision-making authority. Fla. Stat. § 61.13(2)(c)2.–6. (2026).
Parents should identify potential disagreements before signing a plan. Who selects a school? How are nonemergency medical recommendations discussed? What happens when the parents cannot agree? An unclear agreement can leave both parents believing they have authority to make the same decision.
Put holidays and extracurricular activities in writing
Avoid provisions that simply promise to divide holidays fairly. Specify beginning and ending times, alternating years, school breaks, transportation, and which schedule controls when a holiday overlaps a regular weekend. Include a process for requesting vacation dates and resolving competing requests.
Extracurricular provisions should address enrollment, written consent, expense sharing, transportation, and activities that occur during the other parent's time. For example, agreeing to a registration fee should not leave the parents guessing who must drive to twice-weekly practices. Clear language can prevent a disagreement about soccer from becoming a dispute about compliance with the judgment.
Include the required parenting-plan details
A court-approved plan must describe daily parenting tasks, the schedule, responsibility for healthcare, school-related matters and other activities, and methods and technologies for parent-child communication. Identify the school-boundary address. Unless the parents otherwise agree in writing, designate authorized exchange locations. Assess safe or supervised exchanges when supported by the circumstances. Fla. Stat. § 61.13(2)(b) (2026).
Why written findings matter
In Keck v. Fortier, No. 5D2024-3056 (Fla. 5th DCA June 27, 2025), the court reversed a judgment that set time-sharing without best-interest findings. Mendez v. Mendez, 390 So. 3d 663 (Fla. 4th DCA 2024), confirms that an unsigned plan or default does not establish an agreed schedule. Wolverton v. Wolverton, 425 So. 3d 85 (Fla. 6th DCA 2025), explains that listing the factors and saying they were considered does not replace factual findings. Remand for findings does not itself establish a right to equal time-sharing. To preserve an omitted-required-findings challenge to a final judgment, raise it in a timely rehearing motion; the ordinary service deadline is 15 days after the judgment is filed. Fla. Fam. L. R. P. 12.530(a)–(b).
Prepare evidence about the child
Gather child-focused evidence rather than general criticisms of the other parent. Relevant subjects include stability, caregiving history, school and developmental needs, travel, routines, communication, and safety. Preserve complete communications and identify witnesses to specific events. Do not involve the child in preparing the litigation or coach the child to choose a parent.
What to bring to a consultation
- All parenting orders and agreements
- proposed and actual overnight calendars
- school and work schedules
- childcare and transportation details
- relevant complete communications
- and specific safety records
When to act promptly
Seek prompt advice after service of a petition, a proposed move, a safety incident, or entry of a disputed judgment. Existing orders remain important; appellate preservation deadlines can be short.
To discuss a Florida parenting plan or time-sharing dispute, contact The Desai Firm in St. Augustine at (904) 563-6952 or pd@desaifirm.com.