Do you think Florida is 50/50 now?
Radeline Law Firm Expert Divorce and Family Law Attorney Custody is not necessarily 50/50
Divorce, Florida, 50/50, Custody, Paternity, Timesharing, Children, Family law
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21 Apr Do you think Florida is 50/50 now?

Posted at 11:36h in Uncategorized by

Did the law change?

There is a lot of confusion about the recent changes in Florida law pertaining to custody and timesharing in divorce and paternity cases.

Yes, as you may have heard, there is a legal presumption of equal (meaning 50/50) timesharing. However, that does not mean your case will be 50/50.

I have had a number of cases, including trials, since the new legislation where we were able to overcome the presumption of 50/50 and get our client significantly more timesharing than that.

Think of it this way: under the old law, each case was a blank slate. The judge would come up with whatever timesharing or custody plan that they thought was in the best interests of the children. How would the judge decide that? They would decide what is best by analyzing the twenty (20) different statutory “factors” contained in Fla. Stat. 61.13.

Now, under the new law, the judge starts off thinking 50/50 is best, unless one parent asks for something different. Then guess what? The judge has to analyze the twenty (20) different statutory “factors” contained in Fla. Stat. 61.13.

Don’t assume your case is 50/50, or that there aren’t custody fights in Florida anymore. That’s an urban legend.

Consult with Charles D. Radeline, Esq., who is a Board Certified Expert Divorce and Family Law Attorney. Less than 1% of Florida attorneys are Board Certified in Divorce and Family Law. Call us today at 727-785-1540.