I am going thru a divorce and Im requesting share physical custody which we will be rotating weeks. I am moving to a 3br apt which the lil ones will share a room. Can this be used against me at the final hearing?
Family Law Attorney
There's certainly nothing abusive about it, and no one is going to tell you there's something wrong with it, but, on the other hand, if your spouse has a place with separate bedrooms for the kids, your spouse will have an advantage on that ground. Of course, it probably won't make too much of a difference, and you should talk to a lawyer to learn how much of a difference in your case, but in a custody case, everything matters.
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3 lawyers agree
Divorce / Separation Lawyer
In Florida, the word "custody" is no longer used. What the court requires is a Parenting Plan with a time-sharing schedule. If the parties cannot come to an agreement regarding the terms of said Parenting Plan and time-sharing schedule, the Judge or Magistrate presiding over your case will determine it.
That said, the court will consider "the best interest of the child(ren)".
Look up Florida Statute 61.13 to assist you in determining which factors favor you and which factors favor your spouse.
You should seriously consider retaining an experienced family law attorney to reprsent you in this matter.
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