Skip to main content

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

Largo, FL |
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.

This is AVVO, a place for users to obtain general legal information to general legal questions. I am glad to help you in any way I can, within those limits. I wish to make clear I am only communicating with you for the sole purpose of exchanging such general information, and nothing more. It is not legal advice, which I can not provide because among other reasons I know few of the necessary details of your situation. I do not purport to represent you in any way, shape or form. Of course, if you would like to seek out my services, and if you are a NY resident, I will probably not put up very much resistance but representation would still necessitate a signed retainer agreement between yourself and I. Thank you.


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.

Please be advised that any answers or information disseminated above do not constitute legal advice and that the attorney responsible for this posting is merely attempting to participate in a Q & A session intended to be helpful but certainly not intended to be legal advice. It is important that you understand that no attorney-client relationship has been formed and that the attorney has no obligation to follow up with you with your legal issue unless you separately contact said attorney and arrange for him to legally represent you.


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


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

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer