Custody orders in Florida awarding parental authority and time-sharing to parents are the result of either cooperation or litigation. In either scenario, once the courts approve the final custody order, parents generally need to comply with the terms it includes.
As family circumstances change, parents may realize that the current custody arrangements don’t actually prevent conflict and facilitate a calm co-parenting dynamic. For some, working cooperatively with a co-parent to adjust a custody order is a straightforward process. They agree on new terms and submit an uncontested modification request to the courts.
In scenarios where one parent wants to change the order but the other doesn’t or the parents disagree on what changes are necessary, the matter may need to go back to court. What is the process for modifying the current order on record in Florida?
Petitioning the courts
To request a formal update of an existing parenting plan, the requesting parent must file a modification petition with the family courts requesting a hearing. In that petition, the filing parent generally needs to justify the modification request.
Parents need to show a substantial change in circumstances that may warrant a review of the existing arrangements. They also have an obligation to serve the other parents with notice of the request to provide them with an opportunity to respond to the modification request.
Presenting the case effectively
During a contested custody modification hearing, each parent has an opportunity to present their perspective and evidence to the courts. They may need to work with a lawyer to ensure that the way they develop their argument prioritizes the best interests of the children.
A judge must consider the same factors in a modification hearing as they would in a traditional contested custody case. They look at the parent-child relationships, household stability and other factors with a focus on what is best for the children. If the judge agrees that the proposed changes are necessary and beneficial, then they can officially alter the terms established in the current custody order.
Parents in need of parenting time adjustments may need help learning about the legal process and navigating the court system. Modifying a custody order can help protect parent-child relationships and limit opportunities for conflict between co-parents.