50-50 Custody in Florida

If you are considering what child custody arrangement would be best for your family, you might be considering a 50/50 split. However, what does this really mean? Is it really equal?

Understanding Florida’s 50/50 custody rules is essential to working out a child custody arrangement that works for you.

Types of Child Custody in Florida

Florida has two general categories of child custody: parental responsibility and timesharing:

  • Parental responsibility: Parental responsibility refers to the right of a parent to make important decisions regarding their children, including decisions regarding their education, healthcare, and religion.
  • Timesharing: Timesharing refers to when the child is in the physical possession of the parent.

Parental responsibility and timesharing can be joint, in which the parents share the right or responsibility, or sole, in which one parent retains the right.

Florida Law on 50/50 Custody

It is the public policy of the state of Florida to have both parents equally share in timesharing and parental responsibility. Courts are instructed to order shared parental responsibility unless they find that shared parental responsibility would be detrimental to the child.

When making this determination, the court considers the following factors:

  • Evidence of domestic violence
  • Whether either parent has reasonable cause to believe they or their child would be in imminent danger of becoming a victim of domestic violence
  • Whether either parent has reasonable cause to believe they or their child would be in imminent danger of becoming a victim of abuse, abandonment, or neglect
  • Any other relevant factors

It is a rebuttable presumption in Florida that equal timesharing is in the child’s best interests. Equal timesharing is actually equal in Florida, with 182.5 days with each parent. This presumption can only be overcome if one of the parents proves otherwise by the preponderance of the evidence.

Factors Considered in Determining Custody

Except when the parents agree to a time-sharing schedule and have it approved by the court, the court must consider the 20 factors set out by Florida Statute 61.13 and provide written findings about them, some of which include:

  • The demonstrated ability and willingness of each parent to facilitate and encourage a close and continuing relationship with the child and the other parent, to honor the timesharing schedule, and to be reasonable when changes are necessary
  • The anticipated division of parental responsibilities and the extent to which parental responsibilities will be assigned to third parties
  • The demonstrated ability and willingness of each parent to determine, consider, and act upon the child’s needs rather than their own
  • Whether a parent has been convicted of a first-degree misdemeanor domestic violence offense
  • A history of spousal or child abuse
  • Each parent’s mental and physical health
  • How long the child has lived in a stable and satisfactory environment
  • The child’s preference, if they are mature enough to have a valid opinion
  • How close the parents live to each other
  • The moral fitness of each parent

If you and the other parent do not agree on the custody arrangement that is best for your child, an experienced family law lawyer can help highlight the factors that weigh in favor of your stated preference.

Child Support in 50/50 Custody

Even in 50/50 custody situations, child support may still be awarded. This is because Florida’s child support laws consider various factors when determining an appropriate amount of financial support to award, including each parent’s net income, the amount of residential time with each parent, and other relevant factors.

Contact Our Child Custody Law Firm in Orlando, FL

Fifty-fifty custody in Florida is often seen as a fair solution, but courts look closely at many factors to ensure it truly serves the child’s best interests. Equal time-sharing, parental responsibility, and child support all play important roles in shaping the final arrangement.

If you would like more information about 50/50 custody or need help obtaining this type of child custody award, contact McMichen, Cinami & Demps for a confidential consultation.

Contact the experienced Orlando child custody lawyers at McMichen, Cinami & Demps today for legal assistance. Contact our Orlando, FL office at (407) 898-2161 to schedule a free consultation.

McMichen, Cinami & Demps – Orlando Office
1500 E Concord St, Orlando, FL 32803