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What would be a "fair" time sharing schedule for parents in the following situation?
Anonymous2 views3 answers
I'm going through a divorce with my husband. We have a 6 and 8yr old, one of which has a developmental delay and he requires therapy 4x a week from 530pm-630pm. My ex works for UPS and his work schedule id unpredictable. He never knows what time he will get off and it's never prior to 700pm. He is wanting a 50/50 schedule, either one week on one week off, or every other weekend plus 2-3 days during the week. I do not think either of those schedules will work, seeing as he is unable to air our son to therapy since he will never be off in time. I suggested every other weekend plus 8 of the 10 weeks of summer. He said no, I wanted to know if anyone has any suggestions to keep this fair. I did not want to get attorneys involved, but since we cannot agree it looking like I'm going to have to.
To the extent it is possible, it is always wise to try to "guess" wha the judge would do. In creating a time sharing schedule, the judge will also do what he/she thinks is in the best interest of the children. That said, it doesn't make much sense to put the children in his care when everyone knows that he cannot actually care for them or get them the medical treatment that they need.
You should consult with a local family law attorney who will be able to guide you in the best direction. It sounds like you have a complicated situation with your children and husband so attempting to "DIY" your divorce is probably not a good idea. Use the find a lawyer feature on or ask for attorney recommendations from family or friends. Best of luck to you!
The Judge is going to look at the factors found in Florida Statute 61.13 in deciding what is in the best interest of the children. The Judge will also take into consideration practicalities of the schedules proposed and if the schedule is not in the child's best interest the Judge will not go with that schedule. You should contact a family law attorney and have a consultation. Good luck.
Sincerely,
B. Elaine Jones, Esq.
