Modification of Child Custody in Florida

Seek Experienced Legal Assistance with Our Daytona Beach Family Lawyer

According to Florida law, a child custody order or parenting plan can be modified if there is a substantial, unexpected change in circumstances and the proposed change is in the child’s best interest. However, it can be difficult to prove that the change significant and unanticipated without skilled legal representation.

If you believe that it is in your child’s best interest to either modify or prevent a change in child custody, The Law Offices of Robert Stepniak is committed to helping you obtain the results you desire. Whatever divorce or family law matter you face, you will work directly with our attorney, not a paralegal. Do not hesitate to obtain high-caliber and affordable legal counsel from our experienced firm.

What Type of Change is Considered Substantial?

The first step a family law judge in Florida will take when reviewing a child custody modification petition is whether or not the change in circumstances is substantial and unexpected. The Florida Legislature and the Florida courts have defined a substantial change in circumstance to be one that is substantial, material, and unanticipated at the time of the Final Judgement, and permanent in nature.

In order for a change to be considered unexpected, it must not have been an issue at the time the original child custody order was entered. As soon as it has been determined that the charged was unanticipated, the court will then turn its focus on whether or not the change is substantial.

Common situations which will be deemed substantial include, but limited to, the following:

  • Death of a parent
  • Conviction of a criminal offense that results in long-term imprisonment
  • Child abuse
  • Repeated arrests for DUI while child was in the vehicle

If an experienced family lawyer can prove that the change was unanticipated and substantial, the court will then move on to determining if the proposed modification is in the child’s best interest. The court will not consider if the change is in the child’s best interest unless it has first been proven that the change was substantial and unexpected.

Call (386) 868-4771 for a Consultation Today

With more than 15 years of legal experience, our Daytona Beach family law attorney has a comprehensive understanding of Florida family law to help you navigate through the complexities of the legal system and your case. We are ready to help you pursue your goals in the most compassionate and cost-effective way possible.

Contact us and discuss your legal options today.

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