Divorce parenting plans are meant to be temporary. Even the most carefully made agreement cannot predict all the changes that happen as children and parents grow. Custody agreements can be changed at any time if certain conditions are met.
It is important to find a child custody lawyer in Vero Beach who can guide you through your situation and help make sure your child’s best interests are protected.
When Can a Child Custody Agreement Be Modified?
In Florida, minor changes do not trigger the opportunity to seek a custody modification. The circumstances must have changed in a substantial, material, and unexpected manner since the original custody order was entered.
Common reasons for modification include:
- A parent relocating or planning to move
- Significant changes in a parent’s work schedule
- Concerns about a child’s safety or well-being
- Evidence of neglect, abuse, or substance abuse
- Changes in family circumstances, for example, a move or divorce.
- One parent consistently violates the existing agreement
Just because one parent is unhappy with how custody is currently split does not mean that the Court should revisit custody arrangements unless a change would actually make some difference to the child.
The Legal Standard: Best Interests of the Child
Even if there is a significant change in circumstances that warrants the court to consider a change in custody, the court must also find that a change in the custody arrangement would be in the best interests of the child.
Judges consider factors such as:
- Each parent’s ability to meet their child’s physical, emotional, and material needs.
- The child’s relationship with each parent
- Emotional, educational, and developmental needs
- Children’s general adjustment and overall developmental levels across several assessment domains.
- Any history of domestic violence or other abusive or harmful behavior.
How to Modify a Custody Agreement
The process of modifying a custody agreement involves several key steps:
- Consult a Child Custody Lawyer in Vero Beach: An attorney will review your case to determine whether any modifications to the original divorce judgment are allowable.
- File a Petition for Modification: A motion to the court is required to advise the Judge of any substantial change in circumstances and the relief requested (modification to the original divorce judgment).
- Serve the Other Parent: The other parent with parental responsibility must be informed of these intentions and given an opportunity to comment.
- Mediation or Negotiation: Unlike most states, a significant number of divorce cases in Texas are resolved through mediation or agreement.
- Court Hearing (if necessary): If the parties are unable to reach an agreement, the matter can be set for a hearing at which evidence and arguments can be presented to the court.
- New Court Order Issued: If the proposed amendments are accepted by the presiding judge, a new, legally binding order for the children’s custody shall be entered.
Work With Dadan Law Firm
Dadan Law Firm helps Vero Beach parents with custody changes. Whether you want to change your custody arrangement or are responding to a request from the other parent, Dadan Law Firm can guide you through the process and protect your rights and your child’s best interests.
If you are not satisfied with your current custody situation, talk to a child custody lawyer in Vero Beach to get the right help. Contact 772-263-7417 to talk to our lawyers.