JOINT AND ROTATING CUSTODY: FACTORS TO CONSIDER

Florida courts are considering joint and rotating custody in more and more divorce cases and there is even talk about a presumption that children should spend 50% of their time with each parent. There are certainly arguments in favor of this position, and I am not one to argue against it. However, there are numerous factors which should be considered to determine whether it will be feasible. These factors include:

1. Two Households: Both Alike and in Proximity: In order to rotate time with children, both parents should, ideally, live in the same neighborhood, or, at least, in reasonable proximity to one another. This will avoid long commutes not just for the parties, but for the children. This may not be economically feasible for some parties.

2. No living out of a suitcase: Judge who consider and ultimately award joint and rotating wish to avoid a situation where the children must pack a bag every few days or at the end of each week. In order for the rotating schedule to work, children need to have two sets of everything- school textbooks, clothing, toiletries and medications, etc. There will be the occasional transport of items from one household to another, but, generally speaking, the children need to have a separate set of all essentials available at each household. Again, this may not be economically feasible for both parties.

3. Schedule permitting: Not only must each parent have the ability to coordinate their schedule around their children’s school schedule, each parent must be able to accommodate the
extracurricular activities that go along with the schedule. This is not an easy task and not always possible as many work schedules do not allow for this level of flexibility.

4. Living in harmony: While the parties do not have to be completely amicable, it would be difficult to convince a Judge that they could pull off this schedule if there is a high level of discord between them. Couples who are at odds and who have litigated numerous issues during their divorce often do not make suitable candidates for joint custody, which requires communication and cooperation between the two parties.

When representing a client who is insistent upon joint custody, I often ask about the client’s schedule and why this concept is so important. In many instances, the concern is about quality time with the children and not losing touch with them. However, there are other ways to accomplish this goal that do not require a rotating time sharing arrangement. Parties are often unaware that they are both entitled to attend after school and extracurricular events regardless of whose “day” it is. This is especially important to the parent who has been coaching little league or who attends boy/girl scouts with the child. Such activities can be included in a time sharing schedule and may be far more important than the number of overnights.

I’ve seen instances where joint and rotating custody works extremely well and other instances where it is not possible. The important thing to keep in mind is to focus on the parties need to share in the lives of their children and the children’s need for stability and equal participation, which may or may not equate to equal time, with both parents.