Legal Question in Family Law in Florida

Re: shared primary custody

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

A shared custody arrangement like yours is usually not tenable for the children who are forced to live two separate lives in two separate households and judges have generally avoided such arrangements. In order to change the status quo, you would need to file a Motion for Modification with the court and seek to either change the living arrangements or the location of the school or both. Generally, courts will not modify the original order unless you can show a substantial change in circumstances and that it would be in the best intersts of the minor children as the trial judge had the opportunity to hear all of the testimony, review all of the evidence and made a decision based on that.

Scott R. Jay, Esq.