RD- an actual child support client
"My case was handled quickly and with ease."
01/10/2014
RD- an actual child support client
"My case was handled quickly and with ease."
01/10/2014
“Prospective clients may not obtain the same or similar results.”
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Split Custody

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Family in need of attorney

The Gainesville Attorneys of the Law Office of Alba & Yochim P.A. represent clients seeking resolution in a wide array of family law matters associated with child custody, including cases involving ‘split custody’ (sometimes referred to as ‘divided,’ ‘mixed,’ or ‘rotating’ custody). Splitting custody is a unique type of custodial arrangement that can be utilized when parents have two or more children.

In the typical split custody scenario, one parent is charged with the responsibility of one or more of the children, and the other parent retains responsibility over the remaining siblings. This arrangement is only appropriate in certain scenarios, and like other custody types, requires the court to balance interests in accordance with what is best for the children involved.

Generally speaking, courts prefer not to separate siblings. However, for some, split custody can provide a practical solution that both suits the needs of the parents, and protects the interests of the children. This form of custody often occurs as a result of the court’s consideration of an expressed desire of the child(ren). As set forth in the criterion for evaluating the best interests of the child, the court, in making its determination may take into consideration “[t]he reasonable preference of the child, if the court deems the child to be of sufficient intelligence, understanding, and experience to express a preference. See, Fla. Stat. 61.13(3)(i). As such, split custody is more frequently seen with older children who prefer to reside with one parent.

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Split custody can often arise in situations associated with parental relocation. In some cases, a request for split custody occurs as part of a current dissolution or custody proceeding, such as when a parent has already relocated, or anticipates doing so in the near future. In cases where an existing order is already in place, a parent may request split custody as part of a modification proceeding, sometimes in conjunction with a request for parental relocation. While establishing custody orders in existing proceedings is based primarily upon the best interests of the child, modification of a previously entered order requires an added component—the presence of a substantial change,  that is both material and unanticipated.

Given the potential for dispute over support issues in split custody cases, it is important that your family law attorney be experienced in both child custody and child support matters. Although the custody laws do not specifically address split custody arrangements, case law provides guidance as to the manners in which child support should be assessed and determined in cases where each parent retains sole custody or responsibility over different siblings. Your attorney will ensure the proper calculation of support in situations of split custody.

If you are a parent seeking or defending a matter involving a request for split custody, whether associated with establishing custodial rights in an initial proceeding, or modifying a prior order, the Law Office of Alba & Yochim P.A. wants to help you and your family in attaining resolution.