How to Modify Child Custody Agreement in Florida? - Reasons to Request Child Custody Modification
So you have an agreement in place. You've already been to court. You have a child custody agreement or what we call a parenting plan and that parenting plan spells out the rights and responsibilities of both parties and the time-sharing arrangement that both parties have with the child. But unfortunately, things are
not going very well and things are to the point where you need to modify perhaps your spouse has taken a job out of state or moved somewhere else such that it's making it impossible or in practical to execute a time-sharing plan that you have right now. In these cases, you may want to modify the agreement that you have.
Now, basic Florida law says yes you can modify a timesharing plan that you have. However, the courts don't want people coming willy-nilly coming back to court to try to modify things so they make it a little bit difficult to come back to court. You need to talk to a lawyer and present the specific facts that you have about your particular case to make sure it makes sense for you to reopen your case and try to change the custody arrangement. Now with that said. A lot of times in the original agreement we'll put if the appropriate language in the original agreement that says. There is going to be a waiver by the parties of this substantial material and unanticipated change in circumstances. In other words, we'll put language in the agreement because we think there might be a problem in the future that will allow the parties to come back to court without having them meet this high burden. So you want to check your agreement to see if you have language that allows you to come back to court.
Another place to look is if you have language in your agreement your original agreement that requires the parties to go back into mediation or arbitration before they come back to court because if you have that language. Even if. You talk to a lawyer and the lawyer says listen I understand that it's not really working great right now. But it's not really enough for us to open up a full-blown case. I don't think it's a good idea to do that.
You can still force the other party to opt into mediation and in mediation, it's an opportunity for both parties to change the agreement to try to work out a win-win to get something better than what they've had before. Now you can always change your agreement at any time if the other party agrees. It doesn't matter what you've written. If Florida courts defer to the parents so if you both agree that you want to rip up your timesharing plan and do something completely different you'll have no problem doing that. It's simply a matter of contacting an attorney to execute the right documents and get it filed with the court.
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