How Does Shared Custody Work? Everything You Need to Know

Shared custody, often called time-sharing in legal terms, is a common outcome in Florida family courts when parents separate. Family law prioritizes the child’s best interests in this southeastern U.S. state known for its expansive coastline, significant retiree population, and evolving economy. With moderate income levels and growing diversity, Florida families face unique dynamics in custody arrangements. Understanding how shared custody works, especially under Florida law, helps parents navigate legal responsibilities and parenting plans and ensure stability for their children after separation.

The Legal Foundation

Florida law distinguishes between two main aspects of custody: parental responsibility and time-sharing. Parental responsibility refers to the power to decide on matters about the welfare of children, including education, healthcare, and religious upbringing. Time-sharing designates how much time each parent spends with the child. The state strongly favors shared parental responsibility, meaning both parents are expected to collaborate on major decisions. This is presumed to be in the child’s best interest unless evidence suggests otherwise, such as a history of abuse or neglect.

Presumption of Equal Time-Sharing

Florida’s recent legislative update creates a rebuttable presumption that equal (50/50) time-sharing is best for children, meaning courts generally start by assuming both parents should have equal overnights. Do you have to pay child support if you have 50/50 custody in Florida? The answer is: possibly. Even with equal time-sharing, child support may still be owed if there is a significant difference in parental incomes or if one parent pays more for health insurance, daycare, or other child-related expenses. To maintain a comparable quality of living in both households, Florida uses the “Income Shares” approach, which considers both parents’ incomes and the child’s needs. Zero child support is rare unless incomes and expenses are nearly identical and parents split costs equally.

Crafting a Parenting Plan

Parents are encouraged to work together to develop a parenting plan—a detailed agreement that outlines how parental responsibilities and time-sharing will be managed. This plan must address:

• The daily schedule for the child
• How holidays, birthdays, and school breaks are divided
• Decision-making protocols for education, health, and other important matters
• Methods for resolving future disputes

If the parents are unable to agree, the court will impose a plan based on the child’s best interests.

Types of Shared Custody Arrangements

Florida recognizes two main types of shared time-sharing. As follows:

• Equal Time-Sharing:

Under current law, each parent spends roughly 50% of their time with their child. This is the default presumption.

• Majority/Minority Time-Sharing

One parent has more time than the other. This might be necessary due to work schedules, school locations, or the child’s needs.

The court may restrict or supervise a parent’s time-sharing if there are concerns about the child’s safety, such as evidence of abuse or criminal activity.

Modifying Shared Custody

Changes in the child’s circumstances, such as a parent moving closer or farther away, may justify modifying the time-sharing arrangement. Florida law makes it easier for courts to adjust custody when a parent moves within 50 miles of the child, reflecting the importance of maintaining strong parental bonds.

The Child’s Best Interests

Florida courts’ guiding principle is the child’s best interests at every stage. This standard ensures that custody decisions are tailored to support the child’s emotional, physical, and developmental needs rather than accommodating parental preferences.

Conclusion

Florida’s shared custody system aims to maintain active parental involvement in their child’s life, with a strong presumption of equal time-sharing. Each case is unique, and the courts retain flexibility to ensure the final arrangement truly serves the child’s best interests. Parents are encouraged to collaborate and create a parenting plan that supports their child’s well-being, knowing that the law is structured to protect and prioritize the needs of Florida’s children.