Florida law recently changed how courts handle where children live after parents part ways. These updates, which became effective on July 1, 2023, have created a major shift for families in Miami-Dade County and across the state. If you are a parent considering divorce, how can these changes affect you and your child?
Factors for rebutting equal time-sharing
Miami judges now start every case with the legal assumption that an equal split of parenting time serves the child best. This rebuttable presumption under Florida Statute 61.13 means the court expects a 50/50 time-sharing schedule unless a parent provides strong evidence to the contrary.
To overcome this baseline, a parent must prove by a preponderance of the evidence that equal time is not in the child’s best interest:
- Geographic viability: Judges examine the distance between parental homes to ensure the child can realistically attend school and activities without excessive travel time. If the commute is too long, the court may find a 50/50 split creates an unstable environment for the student.
- Parental fitness and safety: Evidence of domestic violence, child abuse or substance abuse can provide a compelling reason for a judge to deviate from equal time-sharing. A conviction for certain offenses can create a separate presumption that shared responsibility is harmful to the child.
- Demonstrated parental involvement: The court looks at which parent handles daily tasks like medical appointments, homework and extracurricular schedules. If one parent has been absent or lacks the capacity to meet the specific developmental needs of the child, the judge may adjust the schedule accordingly.
This legal shift places the burden of proof on the parent who wants an unequal schedule. They must demonstrate through admissible evidence and documented facts that an unequal split is a necessity for the child’s well-being and stability.
Seeking to secure your child’s future
The long-term well-being of your child depends on a stable and enforceable parenting plan. However, navigating new evidentiary standards requires a deep understanding of how local courts apply the law to unique family dynamics. By seeking legal advice, you may gather the necessary documentation and make informed choices to present a clear case that reflects your child’s true needs.