Effective on July 1, 2023, the legislature passed significant changes to the law regarding time-sharing with minor children by married or unmarried parents. The new law applies to all pending cases in which the court has not previously entered a final time-sharing order.
Time-sharing refers to how many overnights with the child(ren) each parent may be awarded by the court. The percentage of time-sharing that each parent is awarded not only determines the number of overnights but is a significant factor in determining the amount of child support payable by either parent under Florida’s child support guidelines (the formula that must be used to calculate child support pursuant to Florida Statutes).
As a result of the new change, the court will initially presume that a 50/50 division of parenting time is in a child’s best interests. In other words, unless rebutted by other evidence, the court must award equal time-sharing to both parents.