Florida’s 50-50 Time-Sharing Presumption: What Actually Rebuts It
Written By: Michael Vale, Content Writer
Medically Reviewed By: Dr. Cathy Colet, Psy.D., Licensed Psychologist
Last Reviewed: September 3, 2026
The 50-50 time-sharing presumption means a Florida court starts at equal time and makes you prove why it should not stay there. Since July 1, 2023, Florida Statute 61.13 has carried a rebuttable presumption that equal time-sharing is in a child’s best interests. A parent who wants a different schedule has to prove it by a preponderance of the evidence.
That reset what a custody evaluation is worth.
Before the presumption, an evaluation finding both parents adequate was a draw. Now it is a win for whoever is defending equal time. If you are the parent asking a judge to depart from 50-50, a report saying both homes are fine is a loss.
We run these evaluations in six Florida judicial circuits, including Palm Beach, Broward, and Escambia counties. What follows is the version attorneys ask us about on the phone.
The 50-50 time-sharing presumption is a rule in Florida Statute 61.13(2)(c)1 that equal time-sharing is presumed to be in a minor child’s best interests. It took effect July 1, 2023. Either parent can rebut it, but only by proving with a preponderance of the evidence that equal time is not best for the child.
Is Florida a 50-50 state in 2026?
Yes as a starting point, no as a guarantee.
Section 61.13(2)(c)1 says there is “a rebuttable presumption that equal time-sharing of a minor child is in the best interests of the minor child.” The same sentence sets the bar for moving off it: “To rebut this presumption, a party must prove by a preponderance of the evidence that equal time-sharing is not in the best interests of the minor child.”
Preponderance. Not clear and convincing. More likely than not is enough.
Two other pieces of the 2023 law get missed. The statute lists 20 best-interest factors, lettered (a) through (t). And unless the parents agree on a schedule, the court “must evaluate all of the factors set forth in subsection (3) and make specific written findings of fact when creating or modifying a time-sharing schedule.”
Twenty factors. Written findings. That is a lot of paper for a judge to produce, and it is why the evidence in front of the court matters more than it did in 2022.
Who Can Perform a Child Custody Evaluation in Florida?
The list is short and it sits in the statute.
Florida Statute 61.20 allows a social investigation and study to be done by the court’s qualified staff, a child-placing agency licensed under section 409.175, a psychologist licensed under chapter 490, or a clinical social worker, marriage and family therapist, or mental health counselor licensed under chapter 491.
Rule 12.363 is broader. It lets the court appoint “a licensed mental health professional or other expert.”
So a chapter 491 licensee can do this work. So can a chapter 490 psychologist. They are not the same thing, and the difference shows up under cross-examination. Psychological testing, scoring, and interpretation sit inside a psychologist’s scope of practice. All four of our doctors are licensed psychologists, first licensed in 2007, 2008, 2013, and 2014.
Ask any evaluator which chapter licenses them before the order gets signed. It is a fair question, and anyone worth appointing will answer it directly.
A Social Investigation and a Court-Appointed Evaluation Are Not the Same Thing
They run on different authority, and attorneys mix them up constantly.
| Social investigation and study | Court-appointed expert evaluation | |
|---|---|---|
| Authority | Fla. Stat. 61.20 | Fla. Fam. L. R. P. 12.363 |
| Trigger | Parenting plan is at issue and parents cannot agree | Time-sharing, parental responsibility, decision-making, or a parenting plan is in controversy |
| Who orders it | The court | The court, on a party’s motion or its own |
| Who may perform it | Court staff, licensed child-placing agency, ch. 490 psychologist, ch. 491 licensee | A licensed mental health professional or other expert |
| Output | Written study with recommendations and the facts they rest on | Written report to all attorneys, unrepresented parties, and any guardian ad litem |
| Report deadline | Not fixed in the statute | No later than 30 days before trial or 75 days from the order of appointment, unless the court orders otherwise |
| Second opinion | Not addressed | Only on good cause shown that it serves the child’s best interests |
The practical difference: the rule sets a clock, the statute does not. If your case has a trial date, you want the rule.
What an Evaluation Actually Measures
Parenting attributes, the child’s psychological needs, and the fit between the two.
Our forensic evaluation process runs about 10 hours of professional time: clinical interview, mental status exam, collateral interviews, record review, psychological testing, scoring and interpretation, then report writing. Testing and collateral contacts are where cases turn. Anyone can present well in a two-hour interview. Fewer people hold up across records, teachers, pediatricians, and standardized measures carrying validity scales.
Instruments are chosen for the referral question, so which measures we use depends on what the court asked us to answer.
What it does not measure is who is the better person. Judges do not need a psychologist for that, and we do not offer it.
The Part Parents Get Wrong About the 50-50 Presumption
Most parents who ask for an evaluation do not need one, and the presumption made that worse.
Run the logic. The court starts at equal time. You want less than equal for the other parent. You carry the burden by a preponderance. You request an evaluation. The report comes back saying both parents have adequate capacity and the child is attached to both.
You just handed the other side its best exhibit.
An evaluation earns its place when there is a specific, testable question: a diagnosed condition affecting parenting, a substance use history, a validity-scale profile that will not hold, an alienation pattern, a child whose needs one home cannot meet. When the honest answer is “the other parent is frustrating,” testing will not find that, and a neutral report closes a door the statute already had halfway shut.
Before you move for one, it helps to know what an evaluation involves.
This runs against how evaluations are often sold. It is also why we turn cases down at intake, after we talk through scope with whoever calls.
How Long Does an Evaluation Take?
Rule 12.363 gives you 75 days from the order of appointment, or 30 days before trial, whichever the court applies.
That sounds like plenty. It is not, once you subtract the queue.
| Milestone | Timing |
|---|---|
| Order of appointment | Day 0 |
| Our current booking lead time | About 21 days |
| Evaluation work | About 10 hours of professional time across interview, testing, collateral contacts, and scoring |
| Report writing and delivery | Included in the 10 hours |
| Rule 12.363 report deadline | Day 75, or 30 days before trial |
Three weeks of that window is gone before the first interview. Collateral witnesses cancel. Records arrive late. Build the motion around the clock, not around the hearing date.
The APA Custody Guidelines Expired in 2019
They are not current APA policy, and this surprises attorneys.
The APA Guidelines for Child Custody Evaluations in Family Law Proceedings were adopted February 21, 2009. The document itself says they “are scheduled to expire 10 years from February 21, 2009.” We have not found a replacement set adopted since.
That does not make them worthless. Guideline 3 puts the focus on “parenting attributes, the child’s psychological needs, and the resulting fit.” Guideline 10 says psychologists “strive to employ multiple methods of data gathering.” Both are still how competent evaluations get built, and both are still what a good cross-examination is built on.
But “follows APA guidelines” is not the credential it sounds like. Florida does not require it. Ask instead what instruments were used, whether validity scales were run, and how many collateral sources were contacted.
What Actually Rebuts the 50-50 Time-Sharing Presumption
Facts tied to the child, documented, and testable.
The 20 factors in section 61.13(3) cover each parent’s capacity to meet developmental needs, the stability of each home, mental and physical health, the child’s school and community record, evidence of domestic violence or substance abuse, and each parent’s willingness to support the child’s relationship with the other parent. Factor (t) is a catch-all: “Any other factor that is relevant to the determination of a specific parenting plan, including the time-sharing schedule.”
What moves a judge, in our experience across the 15th, 17th, 19th, 1st, 2nd, and 20th circuits: school and medical records contradicting a parent’s account, validity-scale results, collateral interviews with people who have no stake, and a documented pattern rather than a single incident.
What does not: conflict between adults with no line drawn to the child.
Talk to Us Before the Order Is Drafted
Our team trains doctorate-level students, and one of our psychologists holds a J.D. alongside the Psy.D. That combination is why attorneys call us about scope before they call us about scheduling.
We consult with everyone who calls. On that call we discuss the scope of the evaluation, and we tell you whether we can provide an objective evaluation or whether we should not take the case.
FC PsychExperts works statewide from two Florida offices. If the 50-50 time-sharing presumption is in play in your case, contact our office to discuss scope and timing.
FAQs
What is the 50-50 time-sharing presumption in Florida?
It is a rule in Florida Statute 61.13(2)(c)1 stating that equal time-sharing of a minor child is presumed to be in the child’s best interests. It took effect July 1, 2023. The presumption is rebuttable, so either parent may ask the court for a different schedule, but they carry the burden of proving it.
Can a custody evaluation hurt my case under the 50-50 time-sharing presumption?
Yes. Because Florida presumes equal time-sharing is in the child’s best interests, the parent seeking a different schedule must rebut that by a preponderance of the evidence. A report finding both parents adequate does not rebut anything, so it strengthens the parent defending 50-50.
What standard of proof rebuts the presumption?
A preponderance of the evidence, which means more likely than not. That is a lower bar than clear and convincing evidence. The statute also requires the court to evaluate all 20 best-interest factors and make specific written findings of fact whenever the parents have not agreed on a schedule.
How long does a child custody evaluation take in Florida?
Rule 12.363 requires the written report no later than 30 days before trial or 75 days from the order of appointment, unless the court orders otherwise. Our current booking lead time is about three weeks, and the evaluation itself runs roughly 10 hours of professional time across interviews, testing, records, and report writing.
Who is qualified to perform a custody evaluation in Florida?
Under Florida Statute 61.20, a social investigation may be conducted by the court’s qualified staff, a child-placing agency licensed under section 409.175, a psychologist licensed under chapter 490, or a clinical social worker, marriage and family therapist, or mental health counselor licensed under chapter 491. Rule 12.363 lets the court appoint a licensed mental health professional or other expert.
Can I get a second evaluation if I disagree with the first?
Only with the court’s permission. Rule 12.363 allows an additional examination or evaluation on good cause shown that further evaluation would be in the child’s best interests. Disagreeing with the conclusion is not by itself good cause, so the motion has to identify a methodological gap.
Dr. Cathy Colet, Psy.D., is a Licensed Clinical and Forensic Psychologist and founder of FC PsychExperts in Jupiter, Florida. She provides expert witness testimony across criminal, family, and immigration law, with advanced training in competency evaluations, criminal responsibility, child custody assessments, and VAWA hardship waivers.