What Is A Substantial Change In Circumstances When Modifying A Parenting Plan In Florida?
During any child custody case, a parenting time schedule is created that outlines the parental responsibilities, as well as the amount of time the child will spend with each parent. The circumstances of a case during a divorce period, though, do not always remain the same during the years to come. The changes that occur over the years may impact the parenting plan, and modifications are sometimes necessary. To modify a parenting plan, you will need to show that there has been a substantial change in circumstances. Below, our Tampa child custody attorney explains more.
Why is a Substantial Change in Circumstances So Important?
Proving that there has been a substantial change in circumstances that warrants a modification to the parenting plan is extremely important in child custody cases. The lawmakers in Florida included this requirement to prevent people from flooding the courts with requests for modifications every time the parents disagreed with each other. The requirement is also in place to prevent parents from requesting a modification simply because they had regrets over the plan they initially agreed to.
Today, you must show that there has been a substantial, material, or unforeseen change in your situation since the final court order was issued. You must also show that the request for the modification is in the best interests of the child.
What is Not a Substantial Change in Circumstances?
If the court does not think there has been a substantial change in circumstances, they will deny any modification request. Conflict between the parents is not enough to warrant a modification, even if one party is treating the other poorly.
One of the most common reasons parenting time modifications are denied is when the child temporarily stays with the other parent while the custodial parent is suffering from an illness. If the change in the child’s residence is only temporary, such as a few weeks, this is not usually enough to obtain a modification. On the other hand, some courts have found that a change in residence is enough to constitute a substantial change in circumstances. Typically, family law judges will consider how long the change in residence is necessary.
What Constitutes a Substantial Change in Circumstances?
There are many situations that may prove a substantial change in circumstances has made a parenting time modification necessary. One of the most common reasons parenting time modifications are issued is when one parent is abusing or neglecting the child, or others in the household and exposing the child to the behavior. If one parent is also failing to ensure their child flourishes and is not meeting the child’s educational, medical, and emotional needs, this is also a reason to modify an existing parenting time order.
Our Child Custody Attorneys in Tampa Can Help with Your Modification Case
If you need to seek a modification to your parenting time schedule, it is important to obtain the advice of a Tampa child custody attorney. At All Family Law Group, P.A., our experienced attorneys have long track records of successfully helping parents obtain modifications and we can help you, also. Call us now at 813-672-1900 or contact us online to schedule a free consultation. Se habla Español.
Source:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.13.html
