Child Custody Modification Lawyer

To get a child custody modification under Florida law (Florida Statutes 61.13(3)), a petitioner must demonstrate a substantial, material, and unanticipated change in circumstances. Additionally, any proposed modification must be in the child’s best interests.

Because one parent is displeased with the current arrangement, family courts will not permit a modification. A family court will typically favor the status quo in cases involving a modification dispute. In other words, it is the responsibility of the petitioning parent to provide convincing evidence that a custody adjustment is warranted. 

Can I Modify My Child Custody Plan in Melbourne, Florida?

You must have gone through extraordinary, unexpected events that changed the Florida court system’s former child custody arrangement to intervene and modify the current parenting plan.

Several instances of a change in situations including:

• When parents are unable to agree on recommended adjustments to a parenting plan
• A parent rejects the suggested plan of action
• The child is a victim of a potentially dangerous circumstance.
• When one parent relocates, the time-sharing arrangement is disrupted.

When Can Florida Courts Modify Custody?

The judge made the first child custody determination with your child’s best interests as the primary element to be addressed. The following are some of the factors that the judge looked into when determining custody:

• Age of the child;
• The child’s bond with you and the other party;
• You and the other party’s living arrangements;
• The ability of you and the other party to offer stability and continuity for the child; and
• The willingness of both you and the other party to support the other party’s connection with the child.

Changes in child custody arrangements are not permitted under Florida law because one parent is dissatisfied with the arrangement. Generally, there are only three reasons a judge could consider changing a custody agreement. These are the following:

Both Parties Agree to a Modification: If a modification is uncontested, both parents can approach their respective attorneys, have them create a new parenting agreement, and ask a judge for approval. This is the quickest approach to getting a court order changed. 

A Parent Has Been Issued a Final Order of Protection Against Domestic Violence: If the other parent grew upset with you, your child, or both at some point and you were forced to call the police and/or submit a petition for a protection order, you may be granted emergency relief, which means you may be granted sole possession until the injunction is lifted.

There has been a significant change in circumstances: A “significant change in conditions” might occur instantly or gradually. An injury, illness, a significant move, or the development of addiction are all events that can hurt one’s capacity to parent.

A work advancement, an isolated episode of domestic abuse, or even an isolated event of drug usage is not often regarded as significant changes in circumstance. For the courts to seriously consider modifying a custody arrangement, the requesting parent must demonstrate that the change is in the child’s best interests.

Is it always just one parent who gets custody?

No, courts commonly grant both parents joint custody or shared custody. There are three variations of joint custody: 

• shared legal and physical custody (children spend a substantial amount of time with each parent)
• Joint legal custody (parents share medical, educational, and other decisions).
• Educational and religious issues concerning the children), or both joint legal and shared physical custody.