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
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.