If the parents of a child in Florida divorce, legally separate, or have a child together when they are not in a relationship, there could be a child custody or child visitation order in place for that child. There are some situations in which a parent may want to make a change to the custody or visitation order that already exists.
There may be many different reasons that a parent may want to make changes to a visitation or custody order in California, including:
- One parent believes the child may be in danger
- A parent is moving out of the state
- The current order that is in place is not being followed
- The custodial parent is incarcerated or has passed away
Courts will allow changes to child custody and visitation orders in certain situations. In Florida, as in other states, an order may be modified if the previous order is not working for the parties involved and they are not able to follow it.
If a child’s parent has a valid reason to request a modification, they can petition the court according to the requirements of Florida law. If a parent needs more information about the requirements for modification in their location, they can have a legal consultation with a local attorney in Florida.
When Can You Modify a Custody or Visitation Order?
A court will always follow the child’s best interest standard when making child custody decisions in Florida and in any other state. The parent will need to have a proper reason to change the existing order, as noted above.
What will be considered a proper ground for modifying a child custody order may include a change in the circumstances of the parent’s life, such as changing jobs. Another ground may be that the needs of the child change, such as a medical or educational need.
A modification may also be needed when one parent is not following the terms of the order, for example, if they are not attending their scheduled visits. This may mean that it is no longer in the child’s best interests for their absent parent to have visitation rights.
One other example of a ground for modifying a custody or visitation order is child abuse. This is considered a very serious issue and an immediate danger to the well-being of the child.
A modification may also be warranted when a parent has recovered from an issue, such as a substance abuse problem, and now wants to be more involved in their child’s life. If they are able to show they have recovered, the court will likely award them increased rights.
How to File a Petition for Modification of Child Custody or Visitation Order
If a parent desires to modify their current child custody or visitation order, they will need to file a motion or petition in the proper court. A motion for modification will usually include the following information:
- The names and addresses of the parents
- A copy of the custody or visitation order that is already in place
- The reasons for seeking modification
- The proposed terms of the modification
There may be a fee for filing this type of motion, which can vary by location. The court may also require that certain forms be attached.
A copy of the motion will need to be served on the other parent or given to their lawyer. If a parent has an attorney, they will prepare the petition as well as file it to make sure it is done correctly and that all of the requirements are met.
The court will likely schedule a hearing where both of the parents can present their arguments about the modification to the court. After the hearing, the court will make a determination of whether the modification is in the best interests of the child.
How long it will take to obtain a modification will vary based on numerous factors. In general, however, it typically takes between several weeks to several months.
Issues that may affect how long it takes to obtain a child custody modification can include, but are not limited to:
- The court’s calendar: The hearing may be scheduled into the future if the calendar is full.
- The cooperation of the parents: If the parents cooperate, issues are typically resolved quicker.
- Timeliness of submissions by the parties: If the parties submit required documents faster, the court can make a decision quicker. Typical required documents include:
- evidence of the child’s education
- police reports
- financial documents
- employment documents
- documents that show a parent owns or rents their residence
- The complexity of the requested changes: When the changes that are requested are complex, the court may take additional time to review the parties arguments or request additional evidence before making a final determination.
Courts may also order the parents to attend mediation before they have a hearing to encourage them to reach an agreement themselves. Each of the parents should have their own attorney during this process.
Family mediation can assist the parents with compromising and creating an agreement that considers their specific and unique situations. A mediation is a process that is done outside of the courtroom and is handled by a mediator or neutral third party.
Mediators do not advocate for either party but, rather, give them information such as court procedures. They also help the parties consider ways they can compromise.
The possible outcomes of a modification request include:
- The request is granted
- The request is denied
- The order is modified in some other way that the court deems is in the best interests of the child
If the parents reach an agreement on their own outside of court, their lawyer can put it into writing and submit it to the court.
What Are Temporary Child Custody Modifications?
A temporary child custody modification is a short-term change that is made to an existing custody or visitation order. Temporary modifications can solve major short-term issues, such as the hospitalization of a parent.
A temporary modification can help with many different types of issues, including, but not limited to:
- A parent being incarcerated
- A parent having a new job schedule
- A parent becoming hospitalized
- A parent being deployed
- Financial difficulties of a parent
- Health or safety concerns for the child
- A parent having health issues
In most situations, when a temporary modification is applied, the event or date when the original order will go back into effect is included. If allegations of child abuse arise, a temporary order may be issued to remove the child from the home until the issue can be resolved.
Do I Need a Lawyer To Modify a Child Custody or Visitation Order?
If you are a Florida parent who needs to modify your current child custody or visitation order, it is important to consult with a Florida child custody lawyer. Your attorney can help you throughout the process, prepare and submit your motion, and make sure that your parental rights are protected.
Your attorney will represent you if you are required to participate in mediation or attend a hearing. Finding an attorney can be overwhelming, but LegalMatch can help.
Use LegalMatch’s no cost lawyer matching services to find a lawyer near you. It only takes around 15 minutes to submit your question, and in around 24 hours, you will get responses from member lawyers near you who can help.
