Florida Time-Sharing Laws: What Parents in the 14th Judicial Circuit Should Know

By Justin Andersson, Esq. | Justin Andersson, P.A., Panama City

For parents in Bay, Calhoun, Gulf, Holmes, Jackson and Washington Counties

Let’s talk about the thing that keeps most separating parents up at night: the kids.

Where will they live? Who gets Christmas morning? Who decides about school, doctors and braces? What happens if the two of you can’t agree on any of it?

Florida law answers those questions with a specific framework, and that framework changed in a big way in 2023. Whether you’re in Panama City Beach, Wewahitchka, Graceville or Ponce de Leon, here’s what every parent in our 14th Judicial Circuit should know.

Florida's parenting law mostly avoids the word "custody"

You’ll still hear people say “custody” at the ballfield. But Florida’s parenting statute mostly avoids the words “custody” and “visitation.” Instead, it splits parenting into two separate questions:

Both go into a parenting plan. Either the parents work it out and the court approves it, or, if they can’t agree, the court sets it.

Never married? Time-sharing for your children is decided in a paternity case, and the paternity statute applies the same parenting standards used in a divorce. The appeals court that covers our circuit hasn’t yet spelled out how the 50/50 starting line below works in a paternity case, so read our guide for unmarried parents in the 14th Circuit too. And make sure a parenting plan is actually requested: a paternity judgment that orders child support but has no parenting plan or time-sharing schedule gives all of the time-sharing and sole parental responsibility to the parent who receives the support, until a court orders otherwise.

The 50/50 starting line

Since 2023, Florida law has carried a rebuttable presumption that equal time-sharing is in a child’s best interests, unless the parents agree otherwise or another part of the statute says differently.

In plain English:

The court starts at 50/50. Neither parent has to "earn" equal time by proving the other parent is unfit.
The parent who wants something different carries the burden. That parent must prove, by a preponderance of the evidence (more likely than not), that equal time-sharing is not in the child's best interests.
The judge has to show the work. Unless the parents agree on the schedule and the court approves it, the judge must evaluate every best-interest factor in the statute and make specific written findings when creating or changing a time-sharing schedule.

Pro Tip: The presumption is a starting line, not a guarantee. The distance between homes, a child’s school and needs, work schedules, safety concerns and the evidence in the case can all lead to a schedule that isn’t equal. And parents are always free to agree on something different that works better for their family, subject to the court’s approval.

Parental responsibility: shared, unless sharing would hurt the child

Florida courts must order shared parental responsibility, meaning both parents keep full parental rights and confer with each other so major decisions are made together, unless the court finds that sharing would be detrimental to the child. In deciding whether sharing would be detrimental, the court must consider evidence of domestic violence, and a parent’s conviction of a first-degree misdemeanor or higher involving domestic violence creates a rebuttable presumption that sharing would be detrimental.

Even with shared responsibility, a judge can give one parent the final say over specific areas, like education or health care, if that serves the child’s best interests. In more serious cases, the court can order sole parental responsibility to one parent, with or without time-sharing for the other.

What judges actually look at: the best-interest factors

When parents can’t agree, the judge decides based on the child’s best interests, working through a long list of factors set by statute. Among them:

Each parent's demonstrated willingness to encourage a close relationship between the child and the other parent, to honor the time-sharing schedule, and to be reasonable when changes come up
How parenting duties will be divided after the case, including how much will be handed off to third parties
Each parent's demonstrated ability to put the child's needs ahead of his or her own wants
How long the child has lived in a stable, satisfactory environment, and the value of keeping that continuity
Whether the plan works geographically, especially for school-age children and the time they'll spend on the road
The moral fitness and the mental and physical health of each parent
The child's home, school and community record
The child's reasonable preference, if the court finds the child has enough intelligence, understanding and experience to express one
Each parent's knowledge of the child's life: friends, teachers, doctors, daily activities and favorite things
Each parent's ability to keep a consistent routine, including discipline, homework, meals and bedtime
Each parent's ability to communicate with the other parent and keep the other informed, and willingness to present a united front on major issues
Evidence of domestic violence, sexual violence, child abuse, abandonment or neglect (if the judge accepts evidence of prior or pending cases on these issues, the judge must say in writing that it was considered)

The list ends with a catch-all: any other factor that matters for this particular child and this particular family.

Notice what’s not on that list: “the mom,” “the one who makes more money,” or “the one who bought the judge a coffee.” No single factor wins a case. Specific, documented facts beat broad accusations every time.

What your parenting plan has to include

A parenting plan approved by the court must, at a minimum:

Describe in adequate detail how the parents will share the daily tasks of raising the child
Include the time-sharing schedule, spelling out when the child is with each parent
Say who is responsible for health care, for school matters (including which address is used for school zoning and registration), and for other activities
Describe how the parents will communicate with the child, including the methods and technology they'll use
Designate where exchanges happen, unless the parents agree in writing otherwise. If there's a risk of harm during exchanges, the court can require a neutral safe exchange location.

A good plan also plans for real life: holidays, summer, school breaks, travel, shift work, deployments, hurricane evacuations and how disagreements get resolved. A schedule that looks perfectly equal on paper can fall apart fast if it doesn’t fit the family’s actual jobs and driving distances. In a circuit that stretches from Mexico Beach to the Alabama line, those miles matter.

50/50 doesn't mean "no child support"

This one surprises a lot of parents. An order for equal time-sharing does not prevent the court from ordering child support. Support is calculated under Florida’s child support guidelines, which look at both parents’ incomes and adjust the math when each parent has the child for at least 20 percent of the overnights in a year. Since incomes are rarely identical, one parent often still pays some support with an equal schedule.

What parents should know once a case is filed in our circuit

The 14th Circuit adds its own rules on top of the statutes. Our circuit’s family law administrative order (AO 2022-00-07) and the Standing Family Law Pre-Trial Court Order it attaches apply in every divorce and paternity case in all six counties. Together they say:

Neither parent may permanently move the children from their current home, or change their school or daycare, without the other parent's written agreement or a court order.
Both parents must help the children stay in contact with the other parent while the case is pending, unless a court order says otherwise.
Both parents must complete the parenting course (the Parent Education and Family Stabilization Course) and file the certificate. In a divorce, the petitioner has 45 days after filing and the other parent has 45 days after being served.
The court can order a parenting evaluation by a mental health professional at any point. Unless the parents agree or the court orders otherwise, each parent pays half of the cost until the court decides who should ultimately bear it.
Mediation is required before a contested case goes to trial, and plenty of parenting disputes get resolved right there.

Military families

Our circuit is home to a lot of military families, especially around Tyndall Air Force Base and Naval Support Activity Panama City, and Florida has specific rules for them. A court may not consider a parent’s past deployment, or a possible future deployment, in deciding the child’s best interests. A deploying parent must notify the other parent in writing of a pending deployment, generally within seven days after getting notice of it. Florida law also has procedures for temporary arrangements while a parent is deployed. If PCS orders or a deployment are on the horizon, build that into the parenting plan from day one.

When the other parent won't follow the schedule

A court-ordered parenting plan isn’t a suggestion. When a parent refuses to honor the time-sharing schedule without proper cause, Florida law requires the court to award the other parent make-up time-sharing for the time that was missed. The court can also order the noncompliant parent to pay the other parent’s reasonable attorney’s fees and costs, take a parenting course or do community service, and can modify the parenting plan if that’s in the child’s best interests.

Two rules that catch parents off guard:

Self-help in either direction usually blows up in court. Document it, then let your lawyer handle it.

DO:

DON’T:

Moving away with the children (relocation)

In Florida, “relocation” means a parent moving his or her main residence at least 50 miles from where it was when the last time-sharing order was entered (or when the pending case was filed), for at least 60 consecutive days. A temporary absence for vacation, education or the child’s health care doesn’t count. A relocation requires either a written agreement signed by both parents and anyone else with time-sharing rights (which has to go to the court for approval if there’s already a case or order about the child), or a petition to relocate and court approval. In a contested relocation, the relocation statute starts with no presumption for or against the move. (How that rule fits with the 50/50 presumption in a brand-new case hasn’t been clearly settled.)

Pro Tip: Moving first and asking later can do serious damage to your case. Ask first.

Changing a parenting plan later

Life changes, and parenting plans can change too, but only by showing a substantial and material change in circumstances and that the change is in the child’s best interests. Since 2023, the statute no longer adds the old requirement that the change must have been unanticipated when the judgment was entered. And if the parents lived more than 50 miles apart when the last order was entered and one parent moves within 50 miles of the other, that move may count as a substantial and material change.

Frequently asked questions

At what age can my child choose which parent to live with?

Florida has no magic age. A child's reasonable preference is one factor the court may consider if the child is mature enough to express one, and it's weighed with all the others. Children generally can't be brought to court or deposed without a court order.

Does the 50/50 presumption apply to dads the same way it applies to moms?

Yes. The presumption applies to both parents equally, and the best-interest factors are written in terms of each parent, not mother or father.

We were never married. Do these rules apply to us?

Under the statute, yes. Parenting plans and time-sharing for children of unmarried parents are decided in a paternity case, and the paternity statute applies the same standards. The appeals court that covers our circuit hasn't yet spelled out how the 50/50 presumption applies in paternity cases, so see our guide for unmarried parents in the 14th Circuit.

Can we agree on a schedule that isn't 50/50?

Yes. Parents can agree on any schedule, and if the court approves it, the judge doesn't have to make findings on every factor.

Does equal time-sharing mean no child support?

No. Support is based on the guidelines, including both parents' incomes, and is often still owed with an equal schedule.

Final Thought

Your kids only get one childhood. Parenting cases aren’t really about counting overnights. They’re about routines, stability and the relationships your children will carry for the rest of their lives.

Good parenting isn’t about being perfect. It’s about showing up, even when things are messy. And in family court, the parent who shows up well usually does best.

If you need a parenting plan, you’re in a time-sharing dispute, or you need to enforce or change an existing plan, let’s talk.

Justin Andersson, Esq.
Your 850 Divorce Lawyer
Justin Andersson, P.A. | 435 W. Oak Avenue, Panama City, FL 32401
Serving Bay, Calhoun, Gulf, Holmes, Jackson and Washington Counties, in person or by video.

Questions? Call (850) 871-7397 or visit www.850divorcelawyer.com.

This article is provided for general informational and educational purposes about Florida law and 14th Judicial Circuit procedures as of October 2026. It is not legal advice, and reading it does not create an attorney-client relationship. Every parenting case turns on its own facts and the best interests of the particular child.

Florida law referenced: Sections 61.046, 61.13, 61.13001, 61.21, 61.30, 61.709 and 61.713, and Chapter 742, Florida Statutes; Florida Family Law Rules of Procedure 12.363 and 12.407; Fourteenth Judicial Circuit Administrative Order 2022-00-07.