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If the divorce is uncontested. Do the courts have any decision whether or not the 50-50 custody split is acceptable?

Largo, FL |

child custody

Attorney Answers 4


A judge always reserves the ability to make the final decision (he or she is the one that signs the orders) but the purpose of an uncontested case is for the parties to formulate their own settlement. Unless there is a specific Florida rule to the contrary, anything reasonable (including the 50 50 split) should be acceptable.

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If it is uncontested then that means that the parties have or will reach a settlement. If there is a settlement, then the court will not interfere with it so long as the decision follows Florida law with regard to certain requirements, including, but not limited to, child support, shared parenting, and other issues. So to answer your question directly, the 50-50 split would be upheld by the court so long as child support was accurately calculated and other requirements of Chapter 61, Florida Statutes were followed.

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In most cases, the Judge will simply adopt the Agreement of the parties, BUT, something tells me you have asked this question to someone else. You seem to know that here in Pinellas County, the Judges routinely refuse to adopt and enter an Order that allows a 50/50 split.

We are one of the few counties left that has this view on Time-Sharing. I tell all my Pinellas clients that we will not know if the Judge will accept the Agreement for 50/50 split until we get into Court.

Good luck.

This information is a general answer and is not specific to any particular case. Carin Manders Constantine, Esq. 727-456-0032/ 727-488-8272

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The court will usually approve a reasonable agreement reached by the parties.

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