Most Jacksonville parents who hear “Florida is now a 50/50 state” assume equal time is automatic. It isn’t. What changed on July 1, 2023 is where a custody case starts, not where it ends. That distinction matters whether you’re filing for divorce, going through a separation, or thinking about modifying an existing parenting plan.
I’ve practiced family law in Florida since 1994, and from 1998 to 2011 I served as a Fourth Judicial Circuit Social Investigator, preparing written recommendations for the same Jacksonville family courts where these cases are decided today. I’ve also been Board Certified in Marital and Family Law by the Florida Board of Legal Specialization and Education since 2008, a credential held by a small percentage of Florida attorneys. That background shapes how I read HB 1301 and what I tell parents who come to me with questions about what this law actually does to their case.
The short answer: the presumption changes your starting position. Every family’s facts still determine the outcome.
What Changed on July 1, 2023
Governor DeSantis signed HB 1301 (Ch. 2023-301) on June 27, 2023. It took effect July 1, 2023 and amended Florida Statute Section 61.13 in a meaningful way. Before that date, Section 61.13(2)(c)1 explicitly stated there was no presumption for or against any specific time-sharing schedule. Courts weighed the statutory best-interest factors and arrived at whatever arrangement fit the child’s circumstances, with no default starting point.
HB 1301 added a rebuttable presumption (a legal assumption built into the statute itself) that equal time-sharing is in the best interests of the minor child. The statute also made two other connected changes that don’t get as much attention.
All three changes together are what Jacksonville parents need to understand:
- The 50/50 presumption: Equal time-sharing is now the court’s baseline starting point under Florida Statute Section 61.13.
- Removal of the unanticipated-change requirement: A parent seeking to modify an existing parenting plan no longer has to prove the change in circumstances was unforeseeable. Only that it’s substantial and material.
- The 50-mile relocation trigger: A parent who previously lived more than 50 miles away and has since moved closer may have created a substantial and material change in circumstances, which can open the door to a modification petition.
What the Presumption Actually Means in Court
A rebuttable presumption means a Duval County judge starts the analysis at 50/50. The burden then falls on the parent seeking a different arrangement to prove, by a preponderance of the evidence, that equal time-sharing isn’t in the child’s best interests. That’s a real burden, and it matters which side of it you’re on.
Equal time-sharing equals 182.5 overnights per year with each parent. In practice, families reach that number in several ways, and Jacksonville parents often ask what these schedules actually look like day to day.
The most common 50/50 formats are:
- Week-on/week-out: The child alternates full weeks with each parent, switching on a consistent day.
- 2-2-3 rotation: The child spends two days with Parent A, two days with Parent B, then three days with Parent A, rotating the three-day block each week.
- 2-2-5-5 rotation: Two days with each parent, then five days with each parent in alternating sequence, which reduces transitions compared to a 2-2-3.
It’s also worth knowing that Florida Statute Section 61.13(2)(c)3 contains a separate counter-presumption. A parent convicted of a first-degree misdemeanor or higher involving domestic violence faces a rebuttable presumption that shared parental responsibility would be detrimental to the child. That presumption runs in the opposite direction regardless of the new 50/50 baseline.
When a Jacksonville Judge Can Depart from 50/50
Equal time-sharing is where the analysis begins, not a guaranteed result. Courts in the Fourth Judicial Circuit, which covers Duval, Clay, and Nassau counties, have well-established grounds for ordering a different arrangement when the evidence supports it.
Departures from 50/50 most commonly arise when a parent can demonstrate one or more of these circumstances:
- Domestic violence or abuse: Police reports, protective injunctions, or Guardian ad Litem findings carry significant weight.
- Active substance abuse: Documented treatment records, failed drug tests, or law enforcement history can support deviation.
- Inability to co-parent: This requires more than general conflict. Courts look for a pattern of obstructing the other parent’s relationship with the child.
- Significant geographic distance: When households are far apart, a week-on/week-out schedule may not be workable around school and activities.
- Documented parental disengagement: A history of minimal involvement before the custody dispute can undermine a claim to equal time.
General friction between parents isn’t enough to overcome the presumption. Courts require objective, credible evidence: school and medical records, text messages, witness testimony, or a formal Guardian ad Litem report. Under HB 1301, when a court does order unequal time-sharing, it must also make specific written findings of fact in the order, evaluating the statutory best-interest factors. That requirement didn’t exist before July 2023 and gives appellate courts a clearer record if a decision is challenged.
If You Already Have a Parenting Plan from Before 2023
This is the question I hear most often from parents who went through a custody case before July 2023, and it’s the one with the least settled answer. The Florida Bar Journal has identified the retroactivity question as legally unresolved: for modification petitions involving parenting plans entered before July 1, 2023, courts haven’t yet uniformly decided whether the new 50/50 presumption applies or whether the prior framework governs.
What is clear is the change to the modification standard itself. If you have a pre-2023 parenting plan and want to modify it, you no longer have to show that the changed circumstances were unanticipated. Only that the change is substantial and material. That’s a meaningfully lower bar for many parents. And if the other parent has moved within 50 miles of you since your last order was entered, that relocation may qualify as a substantial and material change on its own, giving you grounds to file a modification petition even if little else has changed.
How the Presumption Connects to Child Support
Time-sharing and child support aren’t calculated independently in Florida. The state uses the Income Shares Model under Florida Statute Section 61.30, and overnight count is a direct input in the formula. When the parenting schedule shifts, the child support number typically shifts with it.
Equal time-sharing doesn’t eliminate a support obligation. The formula also accounts for each parent’s net income, health insurance costs, and childcare expenses. If there’s a meaningful income difference between parents, the higher-earning parent may still owe support under a 50/50 schedule. The calculation is designed to maintain the child’s standard of living across both households, not simply split costs down the middle. This connection also works in reverse: if the parenting schedule changes, that shift may trigger a separate modification to the support amount. Time-sharing modifications and support modifications are often filed together for exactly this reason.
What This Means for Your Case
HB 1301 changed the starting point for custody cases in Jacksonville, but the 20 statutory best-interest factors under Florida Statute Section 61.13 still drive every court’s analysis. A parent who understands both the new presumption and those underlying factors is better positioned than one who assumes equal time is automatic or that the old framework still applies in the same way.
If you have questions about how the 2023 changes apply to your situation, whether you’re filing a new case or considering a modification, I’m glad to talk through the details. You can reach Charles E. Willmott, P.A. at (904) 849-5183 to schedule a free initial consultation.