If equal timesharing is your ultimate goal, consider establishing this timesharing schedule immediately upon the separation from your spouse. Because of the financial constraints of a marital separation, many parents move into a temporary living situation with family or friends. As a result, they may not be able to have the timesharing they would like pending the divorce action. They think they will be able to explain to the court their plans to move to a more suitable location where their child will be able to live comfortably with them for at least half of the time. Unfortunately, the judge is required to rule on circumstances that exist as of the date of the trial.
Many family law judges seem to put a premium on status quo. If your child is adjusting well academically and socially while your spouse has the majority of timesharing, the judge may find it is in the child’s best interest to maintain the status quo and not award you equal timesharing. If possible, you should consider finding an apartment or home large enough for you and your child or children. If your children are of school age, it is helpful for you to live in the same school district.
It is often beneficial to consult with an attorney prior to separating from your spouse. Only after reviewing all of the facts and circumstances can a family law attorney advise you on the potential consequences on custody of moving out of the marital home. Every family is different and every divorce presents unique challenges. You should consult with your experienced family law attorney regarding your specific situation. He or she will be able to answer your questions and advise you so that you can be sure you are doing everything possible to protect your rights regarding timesharing with your children. If you are in need of a divorce attorney, please contact our office by email or by calling (407) 835-9900 in order to schedule an initial consultation with Attorney Luther.