Protecting Valuable Time With Your Child

Last updated on April 30, 2026

Ending a relationship is never easy, especially if you have children. At Akin Law P.A., we understand that, as a loving parent, you want what’s best for your child while safeguarding your parental rights. As experienced custody attorneys in DeLand and Volusia County, we can help you do that.

Florida replaces the traditional legal term “child custody” with “parenting plan” and “time-sharing.” As experienced custody attorneys, we can guide you in crafting a reasonable plan while fiercely protecting precious time with your child. We are also ready to support you if sole custody is necessary for your child’s safety.

What Deland Parents Need To Know About Equal Time-Sharing Presumption

Florida’s custody laws changed in a major way on July 1, 2023, when HB 1301 introduced a new standard for parenting plans. For parents in DeLand, this update reshaped how courts approach time-sharing. The law now creates a rebuttable presumption that equal time-sharing, often called 50/50, is in the best interests of the child. 

This shift means courts begin with the idea that children benefit from spending equal time with both parents. Still, this is not a one-size-fits-all rule, and understanding how it works can have a major impact in a case. 

A rebuttable presumption may sound complicated, but the concept is straightforward. It means the court starts with a preferred outcome, but either parent can present evidence to challenge it. In this case, the starting point is equal time-sharing. However, the court is not required to order a 50/50 schedule if it does not serve the child’s well-being. Judges still look closely at each family’s situation before approving a parenting plan. 

While the law introduces a new starting point, it does not remove the court’s responsibility to evaluate each family carefully. When determining whether equal time-sharing is appropriate, courts still consider factors such as:

• The child’s relationship with each parent and the level of involvement
• Each parent’s ability to maintain a stable, consistent routine
• The child’s school, community ties and daily schedule
• The mental and physical health of both parents
• Any history of domestic violence, neglect or safety concerns

These considerations help the court move beyond a simple time split and focus on what truly benefits the child. 

For many families, the new law encourages cooperation and balanced involvement from both parents. At the same time, it allows flexibility when equal time-sharing would not be appropriate. Situations involving long distances, demanding work schedules or concerns about a child’s safety may justify a different arrangement.

Akin Law P.A. stays current with Florida’s evolving family laws and helps parents understand how these changes apply to their specific cases. We work with fto negotiate parenting plans that reflect the new presumption while also preparing strong arguments when rebuttal becomes necessary. Whether working toward a fair agreement or building a case, our attorneys provide focused support tailored to each family’s needs. 

How Courts Determine Your Child’s Best Interests

When parents disagree on a parenting plan, family courts step in to establish a shared custody arrangement that serves the child’s best interests. Some of the factors judges consider include:

• Each parent’s willingness to foster a relationship with the other parent
• The child’s relationship with each parent and home environment
• The moral fitness of the parents
• The mental and physical health of the parents
• The child’s preference, if of a suitable age and maturity
• The child’s school and community record
• Any evidence of domestic violence or substance abuse

Sole custody may be deemed appropriate in cases where one parent is found to be unfit due to reasons such as abuse, neglect or inability to provide a stable environment.

Steadfast Representation To Achieve Your Custody Goals

At Akin Law P.A., we have decades of combined experience, offering detailed and personalized guidance through every step of your custody case. While we seek peaceful solutions, we aren’t afraid to fight to protect your child and your parenting rights.

We are also there for you when you need to modify or enforce an existing parenting plan or child support order. We pride ourselves on our hands-on approach; when you work with us, you communicate directly with your lawyer, not paralegals.

To learn more about how we can help, call 386-271-4740 or contact us online to request a consultation. Our compassionate and personalized approach focuses on giving you the support you deserve.