As a Jacksonville Beach Child Custody Lawyer, I will, on occasion, have clients ask whether the Judge overseeing their divorce will likely grant them and their soon-to-be ex-spouse 50/50 timesharing (commonly known as custody). The law surrounding this question is convoluted at best.
Basically, Florida law has established a presumption against ordering rotating or 50/50 timesharing. With this presumption Florida courts have traditionally not ordered 50/50 timesharing unless the court can find that exceptional circumstances exist which make such a timesharing arrangement in the best interests of the child.
However, in 1997 the Florida Legislature enacted section 61.121, Florida Statutes, which states as follows: “The court may order rotating custody if the court finds that rotating custody is in the best interests of the child.” And looking just at the plain language of this Statute it appears as though there is no presumption against 50/50 timesharing.
Therefore, as a Jacksonville Beach Child Custody Lawyer I can merely inform my clients of the current statute and case law that relates to 50/50 timesharing, and make an informed argument to the Judge based on the facts of the case. There is always an argument to be made!
If you’re considering divorce and have concerns regarding your potential timesharing schedule contact Law Office of David M. Goldman PLLC at (904) 685-1200 today to schedule a free consultation.