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Lee County Fl Family court Judges

Cape Coral, FL |

How do Lee County Judges feel about awarding rotating parenting time agreements on the weekly basis? Are the judges more likely to grant an every other weekend with a mid week visit, or a rotating custody on the weekly basis. I'm asking this because I'm going to be going through a divorce soon, and my soon to be ex wants rotating custody, and I want every other weekend custody. We have 3 children, one with special needs and it would not be in either of the best interest to have a rotating custody arrangement. My soon to be ex husband will not agree to every other weekend so I am planning for this to go to trial.

Attorney Answers 4

Posted

I am a Lee County, Florida divorce attorney since 2004. There are currently five family law judges in Lee Co. who handle divorces. I have been before all the current judges. As the other attorneys have written, every case depends on its own facts and whether it is best for the children or not. When the divorce is filed you will have the judge in your case randomly selected for your case. But I can tell you generally what I have seen with the five judges. Judge E. Adams seems very concerned for the best for the children and to make sure they are cared for; she seems to rule more often for alternating weekends plan and seems to avoid the equal rotating schedules. Judge Carlin seems to just want to resolve all the fighting in each case, ignore the law and do what he wants, and often seems to order equal timesharing in many cases. Judge Corbin tends to favor the women and gives them majority timesharing in most cases. Judge Cary seems very fair and respectful and he hates to hurt feelings, but he will hurt one's feelings when he has to. I have not seen how he tends to order timesharing very much so I cannot comment on him to much. I have had Cary for several other issues. Sounds like the husband just does not want to pay child support and when that is the reason almost all the Lee judges will usually rule against his desire for 50-50 if that is his only main reason. Many judges do not like equal timesharing because they want the children to have a primary stable home. If you would like a consultation call 542-2002.

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Posted

Your comment was the absolute most helpful comment! Thank You, and I have been assigned Judge Adams...I will give your office a call on Friday, as this is turning into a big fight and I'm going to need an attorney.

Posted

I don't know specifically about Lee County judges, as I don't practice there, maybe an attorney who does will also answer. However, rotating custody depends on the circumstances of the child, school age, and if so how would the rotation affect school, physical proximity of the parent's residences, etc. You need to be prepared to show exactly why you don't believe it is in the children's best interest, and what you believe would be, and he needs to be prepared to do the same for his side. It would help you to have a lawyer.

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We have 4 year old twins, and a 5 year old boy. Our 5 year old is in Kindergarten and he has special needs. He requires lots of structure and a strict routine. My ex works late...he averages getting off of work anywhere between 6:00pm-9:00pm, he never knows what time he will be off for sure though, until half way through his day at work. At my house the kids have their own rooms...my ex will be moving in with his sister, her boyfriend and their 3 children. Her boyfriend also has another son that he gets every other weekend (which will be every other weekend that our kids are with my ex) He claims our kids will share a room, and her kids will a share a room but it is a 3 bedroom house, so I know he's lying. We will only be living about 10 minutes from each other, and in the same school district. I have been the primary care taker of all of the children since birth. Ex does not know doctor names, has been to maybe 3 doctor appointments in their entire lives

Heather Morcroft

Heather Morcroft

Posted

Those are iffy facts. The court could require him to comply with required structure It sounds like you will need things like psychologists reports, etc., and there are procedures for that. You are definitely going to need a lawyer.

Posted

The court may order rotating custody if the court finds that rotating custody will be in the best interest of the children. Factors considered in determining the best interests of the children regarding time-sharing include but are not limited to: whether the parents are likely to allow the children frequent and continuing contact with the nonresidential parent, emotional ties between each parent and the children, each parent's capacity and disposition to provide food, clothing, and medical care, the length of time the children have lived in a stable environment and whether it would be in their favor to maintain continuity, the permanence of the proposed custodial home, moral fitness, mental and physical health of the parents, the home, school, and community record of the children, and the reasonable preference of the children. You should contact a family law attorney to discuss your case further.

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Posted

I agree with my colleagues. Judges will make rulings based on what is in the best interests of the children. You need to articulate why this schedule is in the best interests of the children. Judges take special note of children with special needs. Some people think they can't afford an attorney, but I urge folks to consult with attorneys to see if retaining an attorney is affordable. Lawyers charge different rates. This is an important matter, and professional legal help is recommended. If this information was helpful, please click helpful. Feel free to re-post a question if something else should be answered. These posts do not allow for a thorough and detailed analysis of this type of situation.

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This communication does not create an attorney-client relationship. This means that I am not your lawyer and I will not appear in court simply by posting on this site. If you would like me to represent you, you must call my office, sign a written fee agreement and pay a legal fee, assuming I do not have a conflict of interest and you are in Southern California. If I respond to your question and you have follow up questions by posting on this site, I may or may not reply. This information should not be construed as legal advice. I am offering my opinion. Each person's case is unique, and that's why you should contact a lawyer over the phone for a consultation for your situation. That's why you should not rely on any response that an attorney posts on this site. I am licensed in California. I am not licensed in another state or country. I do not practice law outside of California.

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