Can custody and time-sharing rights be modified?

Can custody and time-sharing rights be modified in Florida?

What is Modification of Parenting Plans in Florida?

Kids grow up very fast. As they do, their desires, needs, interests and goals change all. The bond that exists between them with their parents also changes. Whereas a kid may be more close with her mother during early stages and youthful age, the kid could be more close and develop a better relationship with the father at the adolescent stage. Those kids that have experienced their parents’ divorce are no different.

However, while those kids of a dedicated couple could simply select that parent which they could wish to spend more time with, kids of divorced spouses need to obey the orders that the court has provided. These orders could give directives that the kids live primarily with one of the parents and could even order how frequently they can see the other parent. These orders can be found in the parenting plan. Parenting plans could be changed as situations change and the kid grows. But, it could be a troublesome practice to change a parenting plan, particularly if one of the parents is opposing the change of the plan.

When Do Parties Agree To Modify the Parenting Plan?

Before deliberating the manner in which parenting plans can be modified through a court, it may be stated that parents could in virtually every situation change a parenting plan through an agreement. In most cases, courts encourage the divorced spouses to communicate and work together for the sake of their kids’ necessities and take the required measures to meet those needs too.

My Ex-Spouse Won’t Agree to Modify the Plan What Should I Do?

When the other parent would not change the parenting plan, you can get a command amending the child-raising plan from a court. Except when there is an immediate emergency like when the kid’s health or life is at immediate risk, at this point the court would not amend the child-raising plan without holding a hearing where it allows both spouses to present their own opinions. Even when a court amends a child-raising plan with no hearing as a result of an emergency, the court would be needed to hold a hearing soon after amending the plan to determine whether the plan is supposed to remain as amended or if it requires to be changed back.

What is, “The Best Interest of the Child?”

It’s difficult to state what a court could consider being in the best interest of the child since every court and every judge are different. There are certain circumstances and factors that most judges would consider to be in the child’s best interest of the child:

• Family ties: Whereas possibly not as significant as the other factors, when a kid has developed significant connections with extended family members such as the aunts, grandparents, and uncles, then a court would likely take this into consideration when determining the kid’s best interests.
• Both parents: Except when one parent has been found incapable to care for the child, courts would nearly find that the kid’s best interests are served, once the kid is capable to build a bond with both parents.
• Consistency: Most courts trust that constancy is in a child’s best interests and do not favor relocating the kid from living with one parent to living with the other parent.
• Emotional and Physical safety: Many courts generally believe the child’s best interests are served the moment the kid is put in an emotionally and physically safe environment free from neglect and abuse.
• Child’s desires: Except when the kid is almost mature enough (possibly 16 or 17 years old), the court would almost never amend a child raising plan simply because the kid wants the amendment.

How Do I Start the Process of Amending a Parenting Plan?

The process of amending a prevailing parenting plan begins once you file a written motion in the court which orders the earlier child raising plan. Alongside the motion, you need to file a suggested child raising plan which you are asking the court to approve.

The motion that you file should not be long but it is supposed to indicate that you are looking for an amendment to the child-raising plan. You need also to include brief declarations as to why the prevailing child raising plan is not working for you and the reason you believe that the proposed plan you have is in the best interest of the child.

During the date of your hearing, you are supposed to present testimony and evidence which support the reasons you mentioned in your motion as justifying the amendment of the child-raising plan. A lawyer could assist you to evaluate your case and advise you as to whether your motion is probable to be granted or denied.

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References and Resources

Florida custody laws

How to get primary custody in florida