Florida Supreme Court decides rotating custody - difficult to change

The Florida Supreme Court recently decided a case concerning people already divorced, that initially had a rotating custody arrangement for their children. When the FL Sup. Court decides a case, all courts in Florida have to follow that decision in new cases.

The situation: If you have a divorce decree giving both parents rotating custody and one parent - years later - wants to challenge that arrangement and get primary custody (primary residential responsibility).

After this latest decision: It is VERY difficult to change from rotating custody. The Court decided on a test called the "Extraordinary Burden" test. Basically, this test makes it extremely difficult to change custody from a rotating arrangement.


***** One of the things a divorce attorney must do is to constantly read cases and new laws. Existing law can change on almost a daily basis. A good attorney keeps up with the changes.