In Orlando, Tampa and throughout the state of Florida, it is possible to modify your child custody arrangment after your divorce is finalized. After the parenting plan , including time sharing and decision making power , has been initially determined, a court may modify the plan or visitation rights upon a showing that new and material conditions exist which substantially affect the interests and welfare of the child. Bon v. Rivera , 10 So. This is a two part test where the movant must present evidence demonstrating a substantial, material, and unanticipated change occurred after the original parental plan determination and that the requested modification is in the best interests of the child.
Modification of Parenting Plans in Florida - Ayo and Iken
Delivorias , 80 So. A parent seeking to relocate must notify the other parent well in advance of a move.
The timelines are specified in the laws of each state. The court may consider the following as advantages:. In many states, when the parent with primary physical custody seeks to relocate, there is often a rebuttable presumption that the intended relocation of the child will be permitted.
If there Is an objection, the presumption may be rebutted by demonstrating that the detrimental effect of the relocation outweighs the benefit of the change to the child. There is no standard visitation schedule when long-distance parenting is involved.
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However, the courts usually grant the non-custodial parent extra visitation during school breaks, the summer months and holiday breaks. If the court believes that reasonable restructuring of visitation can preserve and promote a good relationship between the child and the non-custodial parent, that is a factor in favor of allowing the move. Restructuring visitation may involved providing more visitation time during the summer months and over the school break periods.
In some instances, the child may end up spending more time with the non-custodial parent than what was outlined in the original agreement. The court may reduce child support to facilitate the visits. Some courts place the cost of travel on the parent seeking relocation. If a custodial parent moves away with the child without providing notice to the other parent may lost custody altogether.
They may even face criminal charges of kidnapping. Before any move is contemplated, the non-custodial parent must be informed of the impending move. An effort should be made to reach a mutually acceptable parenting plan based upon the proposed location of both parents. Cases that involve long-range custody are vey difficult to resolve.
When the non-custodial parent moves to another state, the custodial parent may have to rely on the Revised Uniform Reciprocal Enforcement of Support Act to implement or ensure payment of child support. This Act provides the mechanisms by which a support order issued in one state can be enforced by the courts of another state. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. The attorney listings on this site are paid attorney advertising.
In some states, the information on this website may be considered a lawyer referral service.
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Child Custody Modifications
When both parents of a child agree that a modification is in order and agree on what that modification should be, the process of modifying a custody order or parenting plan is fairly easy. In most cases, you can simply create a new agreement that both parties can sign and file the completed document with the court.
So for the most part, family court judges are happy to encourage divorced or separated parents to work together to come up with a parenting plan that suits everybody as much as possible and will approve plans that both parents agree upon. There are exceptions when a court might not approve a jointly-agreed-upon parenting plan, usually having to do with risks to the health or safety of the child, but these are rare. Maybe one parent wants the original order to stay in place while the other is asking for drastic changes.
Maybe one parent wants to prevent the other from spending time with the child at all or is asking for supervised visitation instead of unsupervised visits.
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In these cases, a court order will be required to change the parenting plan already in place. Typically, this involves a hearing at which both parents will be allowed to present their side of the disagreement and present evidence as to why the changes should or should not happen. In some cases, modifications can be made without a hearing, but that only happens in emergency situations. And even in cases where an emergency custody modification is granted, a hearing will be held following the change in order to determine whether or not the modification will remain in place or whether to revert back to the original agreement.
Whether or not a requested modification is granted when the parents are in dispute depends largely on the circumstances.