Although
Florida Statute 61.121 allows for rotating custody a/k/a split custody
of minor children there is a presumption in Florida that rotating
custody is not in the best interest of the child. Rotating custody
involves the child(ren) living with each parent on an equal annual
basis amounting to at least six (6) months total with each parent.
In determining an award of rotating custody the courts will look to
the following eight (8) factors.
1. The age and maturity of the children.
2. Whether the child is in school.
3. The closeness of the parent's respective residence.
4. The child's preference (if the child is old enough or mature enough
to provide a preference).
5. Any disruptive effect on the child.
6. The reasonableness of the time period that the child spends with
each parent.
7. The relationship between the period that the child spends with
each parent.
8. The parents' attitudes towards each other and how the child will
interpret these.
It is clear in Florida case law that rotating custody will not work
or be granted when:
(a) Children are rotated in and out of the homes of hostile parents.
(b) Children are older, enrolled in school where each parent lives
in different school districts.
(c) Parents do not live in close proximity to each other which would
create
disruption to the children due to transportation of the children
from one home to another.
(d) A child (who is old enough and mature enough to have a preference)
states that he/she prefers to live with one parent over another.
If a party desires rotating custody it must be plead to the Court in
order for the court to
consider the issue. The Court has the discretion to award or deny rotating
custody based upon the criteria set forth above and in consideration
of the best interest of the child.
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