The term “custody” in the context of parent/child relationships is no longer a term that is recognized by Florida law. The term was eliminated a few years ago from Florida Statutes in every situation where it previously appeared in context. The concept of “custody”, as previously known, is now divided into two separate and distinct concepts, “Parental Responsibility” and “Timesharing”.
“Parental Responsibility” has to do with how decision-making for children by parents is to be accomplished, and there are only three possible options available to judges:
1) shared parental responsibility, where all decisions are made on a joint basis or not at all;
2) sole parental responsibility, where only one parent makes all of the decisions without the need to consult with the other parent; and
3) ultimate decision-making authority, where each parent, or perhaps only one, is given the right to a “tie-breaker” when the parents cannot agree on specific areas (medical care, psychiatric care, school decisions, extra-curricular activities, etc.), but the requirement for consultation by the parents still exists.
“Timesharing” refers to the schedule of which parent the children will be with on a particular day or range of days. The possibilities are many, and can range from 100%/ to the parents, to 50% for each parent. Timesharing schedules are customizable based upon the particular circumstances of the family.
So, no, custody is not automatically 50/50, but it can approximate that concept. Shared parental responsibility, coupled with a 50/50 timesharing schedule, is the closest equivalent.