For years, many parents walked into divorce court believing one parent would naturally receive substantially more time with the children. In many cases, that assumption shaped negotiations from the very beginning.

That is no longer the reality in Florida.

In 2023, Florida made one of the most significant changes to custody and time-sharing law in decades by creating a rebuttable presumption that equal time-sharing is in a child's best interests.

In plain English: Florida courts now start from the position that children should generally spend substantial time with both parents unless there is evidence showing otherwise.

Many parents still do not fully understand what this change means, how it affects strategy in divorce and paternity cases, or what judges are actually looking for when making parenting decisions.

And that misunderstanding can be dangerous.

Call Segarra & Associates, P.A. at (305) 742-5042 to schedule a consultation.

Florida Is Not Automatically a “50/50 State” — But the Starting Point Has Changed

One of the biggest misconceptions surrounding the new law is that every parent automatically receives a perfect 50/50 schedule.

That is not true.

Florida courts still must analyze the child's best interests under Florida Statute §61.13. The difference is that judges now begin with the presumption that equal time-sharing is generally best for the child unless a parent proves otherwise by a preponderance of the evidence.

That shift may sound subtle, but in actual litigation it is enormous.

Before July 1, 2023, there was no presumption either way. Now both parents often walk into court on much more equal footing.

What This Means in Real Life

The new law has changed:

• divorce negotiations,

• mediation strategy,

• temporary relief hearings,

• parenting-plan litigation,

• and how lawyers evaluate custody cases from day one.

Parents who previously assumed they would automatically receive majority time-sharing are now learning that courts expect both parents to play meaningful roles in a child's life whenever possible.

At the same time, many fathers who once believed they were fighting uphill battles are now entering litigation with significantly stronger leverage.

The practical reality is this:

The first 30–60 days of a case matter more than ever.

Judges frequently examine:

• who has historically handled school responsibilities,

• medical appointments,

• extracurricular activities,

• homework,

• transportation,

• routines,

• and daily parenting involvement.

If one parent suddenly attempts to marginalize the other after separation, courts often look carefully at whether that behavior reflects poorly on co-parenting ability.

The Parents Who Usually Struggle Most Under the New Law

In our experience, the parents who struggle the most under Florida's new custody framework are often:

• parents who refuse to communicate,

• parents who weaponize the children,

• parents who engage in gatekeeping,

• or parents who believe the other parent should have minimal involvement absent serious misconduct.

Florida courts increasingly expect parents to facilitate the child's relationship with the other parent whenever appropriate. 

That does not mean courts ignore safety concerns. They absolutely do not.

But judges are often skeptical of:

• exaggerated accusations,

• manufactured emergencies,

• unnecessary conflict,

• and attempts to control access to the children without legitimate justification.

What Can Rebut the 50/50 Presumption?

The equal time-sharing presumption is rebuttable, meaning it can be overcome with sufficient evidence. 

Some of the issues courts may consider include:

• domestic violence,

• substance abuse,

• untreated mental health concerns,

• instability,

• significant distance between households,

• work schedules,

• special needs of the child,

• educational concerns,

• or a parent's inability to place the child's interests ahead of conflict.

The focus remains on one central question:

What arrangement best promotes the child's safety, stability, and overall well-being?

Not:

“What feels fair to the parents?”

Those are very different questions.

Stability Still Matters — A Lot

One mistake many parents make is believing the new law eliminated the importance of stability.

It did not.

In fact, stability may matter more than ever.

Judges still heavily evaluate:

• school consistency,

• emotional support,

• routines,

• developmental needs,

• communication between parents,

• and each parent's ability to reduce conflict around the children.

A parent who consistently creates chaos, hostility, or instability can still severely damage his or her case — even under the new statutory framework.

Social Media, Text Messages, and Co-Parenting Conduct Matter More Than Parents Realize

Another major shift we are seeing is the increasing role of digital evidence in custody litigation.

Text messages, emails, social media posts, and parenting-app communications frequently become evidence.

Parents who:

• send hostile messages,

• disparage the other parent,

• post recklessly online,

• or involve the children in adult conflict

often underestimate how damaging that conduct can become in court.

The modern custody case is no longer just about testimony at trial. Increasingly, it is about documented behavior over time.

Shared Parental Responsibility Is Still the Norm

Florida courts continue to favor shared parental responsibility whenever possible. 

This means both parents generally participate in major decisions involving:

• education,

• healthcare,

• religion,

• and other significant issues affecting the child.

Many parents confuse shared parental responsibility with equal time-sharing. They are not the same thing.

A parent can:

• share decision-making authority,
  while

• still having a non-equal time-sharing schedule depending on the circumstances.

Parents Need to Stop Thinking Like Litigants and Start Thinking Like Co-Parents

One of the biggest mistakes people make during divorce is treating parenting issues like a war to “win.”

That mindset often backfires.

Judges increasingly want to see:

• maturity,

• flexibility,

• problem-solving,

• and emotional control.

Parents who appear focused on punishing the other side instead of helping their children adjust to a difficult transition often hurt their own credibility.

That does not mean parents should roll over or ignore legitimate concerns. Serious issues absolutely matter.

But there is a major difference between:

• protecting a child,
  and

• trying to control the other parent.

Courts can usually tell the difference.

The Reality: Every Case Is Still Different

Even with the statutory changes, there is no universal formula.

Some cases still result in:

• majority time-sharing,

• supervised visitation,

• unequal schedules,

• or restrictions on parental decision-making.

The facts still matter.

The evidence still matters.

And preparation matters more than ever.

Parents entering custody litigation today should understand that Florida's legal landscape has changed significantly. Anyone relying on outdated assumptions about how custody “used to work” may be walking into court with a dangerous misunderstanding of the current law.

What Parents Need to Know About Florida's New 50/50 Reality

Florida custody law changed dramatically in 2023.

For years, many parents entered divorce or paternity cases assuming one parent — usually the mother — would automatically receive substantially more time-sharing with the children.

That assumption has become increasingly dangerous in Florida.

Under the revised law, Florida courts now begin with a rebuttable presumption that equal time-sharing is in a child's best interests unless evidence shows another arrangement better supports the child's safety, stability, and overall well-being.

That shift has fundamentally changed:

• custody litigation,

• settlement negotiations,

• temporary hearings,

• parenting-plan strategy,

• and how judges evaluate each parent's conduct from the very beginning of a case.

And candidly, many parents still do not fully understand how dramatically the legal landscape has changed.

As a former prosecutor and experienced family law litigator, Manny Segarra understands that custody cases are often won or lost on:

• credibility,

• evidence,

• documented behavior,

• emotional control,

• and courtroom presentation — not simply allegations.

In high-conflict custody disputes, judges increasingly examine:

• text messages,

• school records,

• parenting history,

• social media,

• witness credibility,

• and each parent's willingness to foster a healthy relationship between the child and the other parent.

The reality is simple:

what parents do during the first several weeks of a custody case can significantly affect the outcome later.

Frequently Asked Questions

Is Florida Automatically a 50/50 Custody State?

Not exactly — but the starting point has changed significantly.

Florida law now includes a rebuttable presumption that equal time-sharing is in a child's best interests.

That does NOT mean every parent automatically receives a perfect 50/50 schedule.

However, courts now generally begin from the position that children should have substantial and continuing contact with both parents unless evidence shows otherwise.

This has dramatically changed leverage and expectations in many custody disputes.

Parents who still assume one parent will automatically receive majority custody often walk into court with outdated assumptions about how modern Florida family courts operate.

What Do Florida Judges Actually Look At in Custody Cases?

Florida courts focus on the child's best interests.

Under Florida Statute 61.13, courts evaluate numerous factors when determining parental responsibility and time-sharing, including each parent's ability to:

• encourage a close and continuing parent-child relationship,

• place the child's needs ahead of personal conflict,

• provide stability and consistency,

• participate in school and daily activities,

• communicate and co-parent effectively,

• and maintain a safe, emotionally stable environment for the child.

Judges also frequently evaluate:

• parenting history,

• work schedules,

• emotional maturity,

• school involvement,

• mental and physical health,

• and each parent's willingness to support the child's relationship with the other parent.

In high-conflict cases, credibility becomes extremely important.

Judges routinely pay close attention to:

• text messages,

• emails,

• social media posts,

• school records,

• medical records,

• witness testimony,

• and whether one parent appears to be escalating conflict unnecessarily.

Many custody cases ultimately become credibility contests.

What Mistakes Hurt Your Custody Case the Most?

Some of the most damaging mistakes parents make during custody litigation include:

• speaking negatively about the other parent to the child,

• withholding time-sharing,

• using the child as a messenger,

• posting about the case online,

• creating unnecessary conflict,

• making exaggerated accusations,

• involving the child in litigation issues,

• or refusing to co-parent reasonably.

One of the biggest mistakes parents make is assuming:

“The judge only sees what the other parent did wrong.”

In reality, judges are constantly evaluating BOTH parents' conduct throughout the case.

Parents who appear:

• vindictive,

• emotionally reactive,

• controlling,

• or unwilling to foster a relationship with the other parent

can seriously damage their credibility in court.

How Important Are the First 30–60 Days of a Custody Case?

Extremely important. In many cases, the first temporary schedule effectively becomes the “status quo” the court later evaluates.

Judges often look closely at:

• who handled the children's daily routines,

• school responsibilities,

• medical appointments,

• extracurricular activities,

• transportation,

• homework,

• and overnight care during the early stages of separation.

Parents who suddenly attempt to:

• restrict access,

• create emergencies,

• or unilaterally control the children

often create serious problems for themselves later in litigation.

The reality is that early decisions can significantly shape the direction of a custody case.

Can Text Messages and Social Media Be Used in Court?

Absolutely. Modern custody litigation increasingly involves digital evidence.

Text messages, emails, social media posts, parenting-app communications, photographs, and videos frequently become evidence in Florida family court.

Parents often underestimate how damaging:

• angry texts,

• online rants,

• disparaging comments,

• or impulsive social-media posts

can become during custody litigation.

As a former prosecutor and trial attorney, Manny Segarra understands how seemingly minor communications can significantly affect:

• credibility,

• judicial perception,

• and overall litigation strategy.

In today's custody cases:

your digital behavior often becomes part of the evidence.

What Happens If a Parent Lies During a Custody Case?

False allegations and exaggerated claims can significantly damage credibility.

Florida judges routinely evaluate:

• inconsistencies,

• conflicting evidence,

• text messages,

• witness testimony,

• school records,

• medical documentation,

• and prior statements made by the parties.

Parents facing false accusations should avoid emotional retaliation and instead focus on:

• documentation,

• evidence,

• consistency,

• and credibility.

In high-conflict cases, custody litigation often becomes less about who talks the loudest and more about:

who can actually prove their claims.

Can a Parent Lose Custody for Alienating a Child?

Potentially, yes. Florida courts generally expect parents to foster a healthy relationship between the child and the other parent whenever appropriate.

Conduct that may raise concerns includes:

• interfering with communication,

• repeatedly undermining the other parent,

• coaching the child,

• involving the child in adult conflict,

• or attempting to manipulate the child's perception of the other parent.

Courts increasingly recognize that prolonged exposure to parental conflict can emotionally damage children.

Parents who weaponize the children during litigation often underestimate how seriously judges may view that conduct.

What Happens If My Child Does Not Want to See the Other Parent?

This is one of the most emotionally complicated issues in family law.

A child's preferences may be considered depending on:

• the child's maturity,

• age,

• emotional development,

• and the surrounding circumstances.

However, a child generally does not simply “decide” custody issues.

Courts often examine:

• why the child is resisting contact,

• whether outside influence exists,

• whether conflict between the parents contributed to the problem,

• and whether reunification efforts may be appropriate.

These situations frequently involve:

• therapists,

• reunification counseling,

• family therapy,

• and careful judicial analysis.

What Happens If the Other Parent Refuses to Co-Parent?

Poor co-parenting behavior can become a major issue in custody litigation.

Florida courts increasingly expect parents to:

• communicate reasonably,

• exchange information,

• support the child's relationship with the other parent,

• and avoid unnecessary conflict.

Parents who:

• repeatedly create chaos,

• refuse communication,

• manipulate schedules,

• or engage in gatekeeping behavior

often damage their own credibility over time.

Judges generally favor parents who appear:

• stable,

• solution-oriented,

• child-focused,

• and emotionally controlled.

Can I Relocate With My Child in Florida?

Relocation cases are often among the most heavily litigated custody disputes in Florida.

Under Florida law, relocation generally involves moving more than 50 miles away for at least 60 consecutive days.

Relocation cases often require courts to evaluate:

• the child's stability,

• school and community ties,

• the feasibility of preserving the relationship with the other parent,

• educational opportunities,

• and the overall impact on the child.

Parents should be extremely careful about relocating without:

• court approval,

• or a properly executed written agreement.

Improper relocation attempts can create serious legal consequences.

What Should Parents Focus on Most During a Custody Case?

Parents often become so focused on attacking the other side that they lose sight of what judges are actually evaluating.

Florida courts increasingly look for parents who demonstrate:

• emotional stability,

• maturity,

• consistency,

• problem-solving,

• flexibility,

• and an ability to place the child's interests ahead of personal conflict.

Judges are not looking for perfect parents.

They are often looking for:

the parent most likely to reduce conflict and promote long-term stability for the child.

How an Experienced Florida Family Law Attorney Can Help

Custody and time-sharing disputes are deeply personal and emotionally charged. Florida's new statutory framework has changed both expectations and litigation strategy in meaningful ways.

An experienced family law attorney can help:

• evaluate the strengths and weaknesses of your case,

• prepare evidence,

• develop parenting-plan strategy,

• address allegations and defenses,

• and present the strongest possible position under Florida's evolving custody laws.

At Segarra & Associates, P.A., we help parents navigate difficult custody and time-sharing disputes throughout Florida with candid advice, strategic guidance, and experienced courtroom advocacy.

If you are facing divorce, paternity litigation, or a parenting dispute, contact Segarra & Associates, P.A. to discuss your options and better understand how Florida's recent custody-law changes may affect your case.

Call Segarra & Associates, P.A. at (305) 742-5042 to schedule a consultation.