St. Augustine Modification of Child Custody Lawyers

What is a Child Custody Modification?

A child custody modification is a request to change the terms of a child custody arrangement or parenting plan that the court has already approved and issued. The modification will directly impact your child’s day-to-day life, so the court will only approve a modification that reflects the child’s best interests. Furthermore, the court expects a modification petition to be filed out of necessity, not just preference.

When Would You Have Grounds to Request a Custody Modification?

As mentioned, the court will never agree to any modification if it has the potential to negatively affect your child’s well-being or environmental stability. For example, it’s hard to maintain a healthy parent-child relationship if both parties live a significant distance apart. If you plan to relocate for work or personal reasons, the court needs to evaluate if the modification will harm your child’s relationship with their other parent.

Before the court will approve – or even consider – a petition to modify child custody, it will want to see that your circumstances have changed “significantly”, and that change necessitates an update to the custody order.

Significant changes in circumstances that could justify a child custody modification include:

• One parent is better prepared to care for a sick or special needs child.
• One parent now has the resources to provide a safe environment for their child.
• One parent wants to move away.
• One parent’s financial situation has changed.
• Other parent has let an unsafe person move into the child’s home.
• Other parent is abusing the child.
• Other parent is addicted to drugs or alcohol.
• Other parent is in prison or has been convicted of a crime.
• Other parent is violating the terms of the visitation and time-sharing agreement.

During an initial consultation with our firm, we can evaluate your situation and explain your legal options for changing the custody agreement, which could include asking for more or sole custody rights. If the other spouse doesn’t agree with the modification, we can also represent your interests in court and explain why your change in circumstances warrants a custody modification and won’t damage your child’s happiness and well-being.

What Factors Will the Court Consider When Modifying Child Custody?

A child custody modification must request a change that would better reflect the child’s best interests than what the current order does. With this in mind, the court will consider many factors when deciding to approve or deny the petition to modify.

Two of the most important factors weighed by the court for a child custody modification are:

• Safety: The child’s safety must be always prioritized. The court will look for signs of abuse or neglect, especially if the modification was requested due to accusations of it.
• Consistency: The court wants a child to live in a household that allows them to have a consistent lifestyle. Frequent changes can be stressful, especially for children and teenagers, so consistency can do a lot to help their growth and development.

How Do You Modify a Child Custody Arrangement in Florida?

A summary of the steps that will be needed to modify a child custody arrangement in Florida includes:

1. File the petition: Once we determine that you have a valid reason to want to modify the child custody arrangement, we can fill out and file a Supplemental Petition to Modify Parental Responsibility.
2. Notify the other parent: When the petition is filed, you must notify the other parent as soon as possible to notify that you want to change the custody order. The other parent has 20 days to respond.
3. Mediation: The court may require that you and the other parent enter mediation or negotiation attempts to plan how to modify the child custody order. A parenting coordinator may be appointed by the court to help you reach an amicable solution. You can be represented by one of our attorneys during this process, too, which we recommend.
4. Court hearing: If you and the other parent reach an agreement – or they don’t respond to the original petition – you still have to go to court for a final hearing; the judge must confirm that the new arrangement would not damage your child’s well-being or put the other parent into undue hardship. If the other parent doesn’t agree with the terms of the petition, you will need to go to court for hearings or a trial that allows the court to reach a decision for you both.
5. Finalization: The final revised parenting plan will be approved by the court and made into an official order, which replaces the previous child custody order.

Call Today for Experienced Legal Counsel

The success of your parenting plan modification can depend upon the needs of your child, your relationship with the other parent, and sometimes, the quality of your legal counsel. If you’re ready to request a child custody modification, contact the St. Augustine custody lawyers of Owenby Law, P.A. today. Our legal team can represent your interests and those of your child through each step of this intricate legal process. You can also retain our services if you need to challenge a child custody modification that you don’t think would be fair or reasonable. We can help you contest your ex’s request or renegotiate the terms of your existing parenting plan so that it still benefits your child’s needs.

We’re available 24/7. Call (904) 770-3141 whenever you need us.