A divorce can be an emotionally stressful time, not only for the parents, but for their children.
You try your best to do what is right for your children and avoid causing any emotional turmoil for them during the process. Florida law affects how these decisions are made.
In an attempt to serve the best interest of the child and to allow the child time with both parents when a couple splits, a time sharing arrangement is often created. However, life moves pretty quickly and sometimes those plans need to be revised to best accommodate all parties involved. Florida law anticipates these changes and, under specific circumstances, a court can order time sharing changes. When a parent looks to modify the current time sharing arrangement (called a Parenting Plan), the court will look to the Florida Statutes to determine the best interest of the child.
3 Reasons for Potential Child Time Sharing Modifications
Time sharing modifications generally are approved by a judge, and the following are three reasons a judge would consider modifying an existing Parenting Plan.
#1: Relocation
If one of the child’s parents is potentially moving away, it may make sense to consider modifying the child custody arrangement. However, that does not necessarily mean it will be granted.
A judge would evaluate a variety of factors, including why the parent is relocating and how the child’s life (school, activities, relationships, etc.) would change due to the modification, in addition to any predefined moving clauses outlined in the original agreement. There are specific requirements in Florida law concerning relocation and you should have the advice of an experienced family law attorney to make sure you navigate them properly.
#2: Unable to Follow the Terms
Both parents are responsible for adhering to the terms of the Parenting Plan. . However, that is often easier said than done. Whether both or one parent is unable to consistently follow the time sharing arrangement, the court can be petitioned for a modification of the Plan.
Likewise, your child’s age and stage of life can also affect the terms of a time sharing agreement. What was best for them when they were toddlers may not be best for them as teenagers, and it may no longer be in the child’s best interest to continue to follow the original Plan.
#3: Your Child’s Welfare is Compromised
The welfare of your child is at the forefront of any child custody or time sharing arrangement. If their best interests or health are compromised by one of the parents’ behaviors, such as physical, emotional, or psychological abuse, then a judge would likely consider a child custody modification, removing or modifying the compromising parent’s physical custody. The Florida Department of Children and Families (D.C.F.) may also become involved.
Hiring a Family Lawyer for Time Sharing Modifications
Family law, custody, time sharing, and visitation can be complex issues to navigate alone. You should have the expertise and assistance of a family law attorney to request any child custody modification.
At Apfelbaum Law, we strive to provide effective representation with the goal of remaining efficient and transparent. Our team is committed to providing high-quality professional services notwithstanding the size and type of the matter. Contact us today to help you petition for child custody modifications or assist with any other legal matters.
