Florida’s 2023 custody law change lands differently depending on which parent you are. If you’ve been the primary caregiver, you may worry that equal time-sharing threatens an arrangement that has worked for your child. If you’ve had less time than you wanted, you may believe the new law guarantees you half. Neither picture is quite right, and understanding the difference matters before you make any decisions about your case.
HB 1301 took effect on July 1, 2023, and rewrote a foundational piece of Florida Statute Section 61.13. What it created is a rebuttable presumption. A legal starting point a court accepts as true unless one party presents enough evidence to overcome it. The law presumes that equal time-sharing is in the child’s best interests. That presumption is significant. It’s also not the end of the analysis. At Orshan, Spann & Fernandez-Mesa, we work in Miami-Dade family courts regularly and see firsthand how this law plays out once a case moves from statute to courtroom. What follows is an honest look at what the law actually changed, what it didn’t, and what Miami parents need to know before they walk into mediation or a hearing.
What the 50/50 Presumption Actually Changed
Before July 1, 2023, Florida Statute Section 61.13 expressly stated there was no presumption for or against any particular time-sharing schedule. Judges had discretion to begin from any starting point. HB 1301 replaced that language with a presumption that equal time-sharing (meaning 182.5 overnights per year for each parent) serves the child’s best interests.
The shift moves the burden. Now, the parent who wants something other than a 50/50 schedule must prove by a preponderance of the evidence, meaning more likely than not, that equal time isn’t in the child’s best interests. Before the change, neither parent carried that burden automatically. The presumption applies in dissolution of marriage cases and paternity proceedings under Chapter 742, and it applied to any case where a final time-sharing order hadn’t yet been entered as of July 1, 2023, even if the case was already pending.
What the Presumption Doesn’t Guarantee
A rebuttable presumption is a legal starting point, not a guaranteed result. Courts still evaluate all 20 statutory best-interest factors listed in Section 61.13(3), and when a judge orders unequal time-sharing, that judge must make specific written findings of fact explaining why. The presumption changes where the analysis begins, not how thoroughly it proceeds.
Two points frequently catch parents off guard.
Prior Caregiving Alone Isn’t Enough
Being the historical primary caregiver carries weight but no longer carries the day on its own. Courts require additional credible evidence (beyond caregiving history) to justify departing from equal time. That evidence must connect to the child’s needs, not just the parent’s role.
Parental Responsibility Is a Separate Question
Parental responsibility (who makes major decisions about the child’s health, education, and welfare) is legally distinct from the time-sharing schedule. The 50/50 presumption addresses how much time each parent has with the child. It doesn’t automatically determine whether the parents share decision-making authority. A court can award equal time-sharing while ordering that one parent holds final decision-making authority on certain matters, or it can order shared parental responsibility alongside an unequal schedule. These are separate determinations, and treating them as the same question leads to poorly drafted parenting plans.
When Miami-Dade Courts Depart from 50/50
Courts in the Eleventh Judicial Circuit do depart from equal time-sharing when the evidence supports it. The most common grounds include documented domestic violence or abuse, active substance abuse, a demonstrated inability to co-parent cooperatively, geographic distance that makes equal rotation logistically unworkable, or a pattern of parental disengagement.
Florida law adds a separate layer in domestic violence situations. Under Section 61.13(2)(c)3, a parent convicted of a first-degree misdemeanor or higher involving domestic violence faces a distinct rebuttable presumption that shared parental responsibility would be detrimental to the child. That presumption operates independently of the equal time-sharing presumption and can affect both schedule and decision-making authority.
For cases involving serious allegations, Miami-Dade courts have a resource most jurisdictions don’t. A judge or magistrate can issue an Order of Referral to Family Court Services (FCS), a unit within the Eleventh Judicial Circuit that provides in-house assessment and support in high-conflict custody disputes. FCS becomes involved when a case raises concerns about abuse, domestic violence, or substance abuse, and its findings can carry significant weight in how a judge structures a parenting plan. Cases with an FCS referral move through the court differently, and preparation for those proceedings requires a different level of documentation and strategy.
How Parenting Plans & Mediation Work in Practice
Florida requires a written parenting plan in every time-sharing case, whether the parents agree or not. A parenting plan must address daily schedules, holidays, transportation logistics, healthcare decisions, school enrollment, extracurricular activities, and how the parents will communicate with each other about the child. These details aren’t formalities. They govern daily life for years after the final order is entered, and vague language in one section creates disputes down the road.
In Miami-Dade family courts, most contested time-sharing disputes go to mediation before a judge hears the matter. Florida Rule of Civil Procedure 12.740 and the Eleventh Judicial Circuit’s local practices reflect a strong preference for resolving custody disputes outside the courtroom when possible. Both parents are also required to complete a four-hour DCF-approved parenting course before a final judgment is entered, a requirement that applies throughout Miami-Dade, Broward, and Palm Beach family courts under Florida Statute Section 61.21.
Mediation preparation is where many parents lose ground they could have held. Arriving without organized parenting proposals and a realistic understanding of the 20 best-interest factors leaves the conversation unfocused. We approach every mediation session with structured parenting proposals and clear documentation so our clients enter those discussions with defined objectives rather than open-ended negotiating positions.
How the 2023 Law Changed Modification Standards
HB 1301 also changed the standard for modifying existing time-sharing orders, and this affects Miami parents who had orders entered before July 1, 2023.
Previously, a parent seeking modification had to prove both that a substantial change in circumstances had occurred and that the change was unanticipated when the original order was entered. Courts applied that second requirement strictly, and it blocked many legitimate modification requests. The 2023 law removed the unanticipated-change requirement entirely. Now, demonstrating a substantial and material change in circumstances is enough.
The law also clarified a specific scenario that can trigger modification: when a parent who previously lived more than 50 miles from the other parent relocates to within 50 miles, that shift in proximity can constitute the required substantial change. For Miami-Dade families spread across South Florida, this matters practically. A parent who relocated to Broward and has since returned to Miami-Dade may have standing to seek a modification based on proximity alone. Parents operating under pre-2023 parenting plans who are considering modification should understand they’re working under updated standards.
What This Means for Your Case
The 50/50 presumption sets the starting line, but the outcome depends on evidence quality, preparation, and how well a parenting plan is drafted. A court that begins at equal time-sharing can be moved by credible, organized evidence. A court that has already heard disorganized or unsupported arguments is harder to reach.
Miami-Dade’s Family Division handles these cases at the Lawson E. Thomas Courthouse Center at 175 NW 1st Avenue. The judges and magistrates in those courtrooms see a high volume of custody matters and can distinguish between parties who have prepared and those who haven’t. Whether a case is heading toward mediation, an FCS referral, or a contested hearing, preparation is what determines where it lands once the presumption alone no longer carries the weight.
If you’re navigating a custody matter in Miami-Dade County and want a clear picture of how these changes apply to your situation, contact Orshan, Spann & Fernandez-Mesa at (305) 853-9161.