This is the next post in my series on questions commonly asked by parents during a custody dispute. My last article discussed how Melbourne, Florida courts decide child custody. Parents must understand that the Court’s sole concern in any custody case will be for the best interests of the child. The Judge will not base their desire on the needs or wishes of the parents. Retaining an attorney is an important step in proving your case to the Court. In this article I will discuss situations in which parents may be able to change or modify an existing custody order. If you are in need of assistance then contact my office today.
Florida parents may modify custody when there is a change in circumstances and modification is in the child’s best interests
Florida does not allow parents to change custody simply because they want to. In order to gain a modification, a requesting parent must be able to show that circumstances have changed since the last custodial order was entered. The parent must also be able to show that the proposed modification will be in the best interest of the child. A change in circumstances does not have to be extreme for the Court to enter a modification. Sufficiently changed circumstances may include a parent moving a distance which makes the current order impractical, a change in work hours, or the simple passage of time if many years have passed since the last order. The Court will obviously also consider extreme events (such as a parent being arrested) as a sufficient change of circumstances to consider a modification.
The Court will look to several factors when determining whether or not the proposed change is in the best interests of the child. When determining what is in the best interests of a youth, the Court will look to the following:
- The preference of the child, depending on their age and level of maturity
- The physical and mental health of each parent
- The specific needs of the child
- The relationship between each parent and the child
- Whether either parent has committed domestic violence
- Etc.
As I mentioned in my article on when Florida Courts will vary from joint child custody, Courts will look to objective evidence when making such a determination. A Judge is likely to give little, if any, weight to generalized or unsupported assertions.
Melbourne parents should take immediate action if they wish to change child custody
If a parent wishes to change custody then they should take action as soon as possible. The longer the situation is allowed to go on then the more likely the Court is to consider it the norm. This may mean that the current situation is one that the Court will leave in place when a new order is issued. Also, if the situation is urgent, the Court may be less likely to believe that there is an actual emergency. By taking immediate action, and filing a Motion as soon as possible, one helps to impress the urgency of the situation upon the Court.
If you or a loved one are in need of assistance then contact my office online or by telephone today to speak with a Melbourne child custody lawyer. I understand that time is of the essence when it comes to changing custody and my office will give your case the attention required. We look forward to speaking with you. We also service clients in the Brevard County cities of Titusville, Cocoa, Palm Bay, Grant, Valkaria, and Rockledge, as well as in the Indian River County areas of Fellsmere, Sebastian, Vero Beach, Indian River Shores, and Orchid.