Modification of Child Support
Every child in Florida has the right to have frequent and ongoing contact with both parents. Florida law has no presumption for the mother or father, and the courts are to encourage parents to share children’s rights and responsibilities. The child’s best interest is always of paramount importance and the court will consider all factors relevant to the welfare of children. The Law Office of John Vernon Moore, P.A., as your family law attorney tends to work
Modifications in Florida
Life often changes after a divorce for parents and children, and agreements may need to be amended to reflect those changes.
Child custody and visitation matters are known as “time-sharing” agreements according to Florida law. Timesharing sets out the schedule for each parent when the child spends time. On the other hand, “parental responsibility” suggests who has the power to make decisions on key issues in a child’s life, such as education, religion and medical decisions. The objective of creating a time-sharing plan and a parenting plan is to give the child a sense of security, predictability and routine.
Orders for time sharing or parental responsibility cannot be changed whenever a parent wants to. A modification of a parenting plan or time sharing schedule requires showing that a “substantial, material and unanticipated change of circumstances” has occurred since the last order was entered, and the modification is in the best interests of the child.
This suggests that modifying an order for child custody, visitation and timesharing is often an intensive process. It requires permission from the court, which in turn requires fresh evidence and legal arguments to be presented. The party seeking a modification must establish that the change warrants a substantial change in circumstances. That can be a difficult to satisfy standard.
Contact our Family Law attorneys in Florida
Modifying orders can be a challenging process but you don’t have to deal with it alone. We can help whether you want to be more involved in the life of your child, or you want to protect your kids from a modification that you think would be detrimental.
At John Vernon Moore’s Law Office, P.A., our attorneys in Florida are dedicated to helping you solve your problems in a productive and thorough way.
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