When your relationship has ended, you may feel relieved that you can finally put the past behind you and move on with your life. Unfortunately, individuals who have children will never be able to put their divorce behind.
Your child custody arrangement may need to be modified as lifestyle changes and your children grow to match their current requirements. It doesn’t have to be difficult and complex to change a child custody arrangement if you have an experienced Florida child custody modification attorney on your side.
Modifications to an Existing Custody Order
Modifications to child custody may be approved, but only if the court finds a fair cause. To put it another way, if any party wishes to alter an agreement already made, they must provide the court a solid and reasonable cause keeping in view the best interests of the children.
Both parties considered which arrangement would be best for the kid when the first custody agreement was reached, and a court-approved the agreement, giving it legal effect. Something developed in your or your spouse’s position, necessitating a modification to the initial agreement.
Florida courts are not interested in modifying a child custody arrangement for minor issues. For instance, if one parent is irritated that the arrangement does not accommodate their schedule, the court will always refuse their request to modify the order.
Grounds for Modifications in Child Custody
In general, a court will consider the following grounds when modifying a child custody arrangement:
- Mutual decision: If both parents agree to a change, they can go to their respective attorneys and have them prepare a new parenting agreement, which they can then submit to a court for approval. This is the most straightforward method of obtaining a child custody order modification.
- Injunction/Protective Order: If the other parent became enraged with you, your kid, or both at any time and you were forced to call the police and/or submit a petition for a protective order, you may be given emergency relief, which means you will be given sole custody until the injunction is removed.
- Significant changes: A “significant change in circumstances” might occur suddenly or slowly. An accident, sickness, a significant move, or the emergence of addiction are all events that can have a detrimental influence on a parent’s ability to parent.
Remember that work promotion, an isolated occurrence of domestic violence, or even an isolated event of drug usage are examples of cases that are not generally not regarded as a significant change in circumstance.
Always consult with a Child Custody Attorney
While you may be able to reach an agreement outside of court, it’s always a good idea to seek competent legal advice to ensure that your updated child custody arrangement is the best option for your child.
If you need to change your present parenting plan, avoid doing one of two things: unilaterally changing it to your favor or reaching an arrangement with your spouse that the court is unaware of. Any change must be in writing to be enforceable. Contact Marrero, Serrano, Farah Law LP to discuss your child custody modification options.