Rotating Custody a/k/a Split Custody of Minor Children

Although Florida Statute 61.121 allows for rotating custody a/k/a split custody of minor children there is a presumption in Florida that rotating custody is not in the best interest of the child. Rotating custody involves the child(ren) living with each parent on an equal annual basis amounting to at least six (6) months total with each parent.

In determining an award of rotating custody the courts will look to the following eight (8) factors.

1. The age and maturity of the children.
2. Whether the child is in school.
3. The closeness of the parent's respective residence.
4. The child's preference (if the child is old enough or mature enough to provide a preference).
5. Any disruptive effect on the child.
6. The reasonableness of the time period that the child spends with each parent.
7. The relationship between the period that the child spends with each parent.
8. The parents' attitudes towards each other and how the child will interpret these.

It is clear in Florida case law that rotating custody will not work or be granted when:

(a) Children are rotated in and out of the homes of hostile parents.
(b) Children are older, enrolled in school where each parent lives in different school districts.
(c) Parents do not live in close proximity to each other which would create disruption to the children due to transportation of the children from one home to another.
(d) A child (who is old enough and mature enough to have a preference) states that he/she prefers to live with one parent over another.

If a party desires rotating custody it must be plead to the Court in order for the court to consider the issue. The Court has the discretion to award or deny rotating custody based upon the criteria set forth above and in consideration of the best interest of the child.