Saturday, December 2, 2023

What is a split rotating child custody agreement?

According to Florida case law, a split rotating custody agreement, is a rotating custody agreement where there is shared parental responsibility, but no primary custodial parent, and the parents alternate custody of the child:

The rationale articulated in Wade was that in rotating custody cases, there is no primary residential parent; thus, the court should be free to make a de novo custody determination based on the considerations set forth in section 61.13(3).

A “split rotating custody” agreement, as it implies, is synonymous with “rotating custody” agreement where there is shared parental responsibility, but no primary custodial parent has been designated, and the parents alternate custody of the child. See Wade, 872 So.2d at 954.

See: Wade v. Hirschman - 903 So.2d 928

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