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.
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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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.
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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