Legal Question in Family Law in Florida

Re: primary resident

Generally, when a primary residential parent is �undesignated� it means the parties are doing a rotational custody, with the children spending equal time with each parent. For practical purposes, unless the parties really and truly get along, and live close by, this is not a good idea. While I have been successful in having the courts approve rotational custody arrangements, the courts generally do not favor that type of custody.

The above information is provided without any consideration having been provided, and without full knowledge of all of the facts.

An internet inquiry is no substitution for an in-office consultation with an attorney.

If your situation falls within the Greater Tampa Bay area, I would be happy to schedule you for a no obligation half hour office consultation. The main office is in Largo, with a satellite location in Tampa.

Good Luck, Elliot Goldstein

Law Offices of Elliot Jay Goldstein, P.A.

Re: primary resident

Normally one parent is designated as the primary custodial parent and the other as the secondary residential parent. In some ways it is just a title and I have seen the trend move toward undesignated. If you do elect to do this make sure that you lay out who is getting the tax exemption, what school district you are utlizing (mom's residence or dad's?) etc... those are some of the common things a primary gets. Even when parties get a long there will be periods of time when things could get difficult so you want a clear visitation schedule when it comes to holiday's etc.. that you can refer to in those times. It is also common to not designate in joint custody arrangements. Court's do not favor those but will usually order those arrangements if agreed to by the parties. However, it is very difficult to get the court to change a designation once they make it so be sure that it is going to work before you sign.

Re: primary resident

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The primary residential parent is the parent who is given primary responsibility for the custody of the minor child. Generally the non residential parent pays child support to the primary residential parent to contribute to the needs of the minor child. When the court chooses not to designate one parent or the other it is basically awarding custody to both parties equally which is rare. Most judges will choose one or the other parent as it is believed that one parent has to have the primary responsibility.

Scott R. Jay, Esq.