23 Sep How To Change Custody Agreement In Florida
In our state, you must be able to prove that these changes are “substantial” enough to change a time-sharing agreement. As mentioned above, all time-sharing rules in Florida are based on the “Best Interest of the Child” standard. This is a wide margin of appreciation that allows a judge to consider any factors relevant to the health, safety and well-being of the child in general. Some examples of factors that a judge may consider are the physical health and safety of the child, the emotional needs of the child, the ability and willingness of each parent to be co-parents, the child`s preferences, the mental and physical health of each parent, and any other factors that may be relevant. However, when it comes to changing custody of the children, the family judge will not even consider the issue of the best interests of the child until the standard of change of circumstances is met. However, it is not realistic to expect that the custody agreement made during the first divorce or your separation will remain the best deal for your family until your child reaches adulthood, especially when the marriage or relationship ends, if your child is very young. Your situation will change, your ex`s situation will change, and your child`s needs will change when they grow up. Fortunately, while it`s important to follow an existing custody order, there`s no need to keep the same order until your child is an adult. Changing or modifying custody orders is common and allows agreements to change when your family changes. Take a look at what you need to know about changing custody orders in Florida. For more information on how a lawyer can help you with custody and time-sharing court proceedings, contact us. Parents should keep in mind that there are facts and circumstances that the court will almost never find justified to justify a change in the educational plan: family courts in Florida consider a child`s wishes when considering changes of custody, while it would be very rare for a court not to advance a substantial change based exclusively on the child`s wishes.
The older the child, the more weighty his or her opinion will have when it comes to custody agreements. While a 6- or 7-year-old probably wouldn`t have much to say about the time they spend with a parent, the desires of a 16- or 17-year-old boy would have much more weight. Under Florida law, custody and visitation issues are called “timesharing” agreements. Timesharing shows the timing of the period during which the child spends time with each parent. In contrast, “parental responsibility” indicates who has the right to make decisions on key issues in a child`s life, such as the child`s education, religion, and medical decisions. The goal of developing a time-sharing plan and an educational plan is to give the child a sense of security, predictability and routine. If a judge gives you and your ex a custody agreement (called “timesharing” in Florida), it could be an agreement that meets your child`s needs at the time. However, as all parents know, children are constantly growing and their needs are constantly changing. In addition, parental circumstances that may affect time sharing may also be changed. A few years later, everyone can benefit from a different time-sharing agreement. A parent who settles away is a situation that probably requires some sort of change of guard. As the court assesses consistency, it may not be willing to change the order so that the child can move with the departing parent, especially when they are in school, have ties to the community, and have other families nearby.
In these cases, the court will endeavor to ensure that the long-distance parent continues to have some kind of contact and visitation. . . .