Seeking a change in your Florida child custody plan

On Behalf of | Jun 5, 2023 | Child Custody, Family Law |

In Florida, child custody plans aim to uphold the best interests of the child, considering various factors to create an arrangement that facilitates their overall well-being. However, life constantly changes, and over time, the current custody arrangement may not continue to serve the child’s best interests. A parent might find it necessary to seek modification to the existing child custody plan.

Moreover, the process of seeking modification is not always straightforward. It requires proof of substantial change in circumstances since the last order. Hence, it is critical to understand the valid reasons that can justify a change in the custody plan in Florida.

Parental relocation

One of the most common reasons to seek a change in a child custody plan is when a parent decides to relocate. Florida law requires a parent to obtain court approval for relocation if it is more than 50 miles away from the current residence and for more than 60 days.

Change in the child’s needs

As a child grows, their needs can change dramatically, particularly during adolescence. They might need to change schools, require special education services or wish to participate in extracurricular activities that conflict with the current visitation schedule. These changes can justify a modification in the custody plan.

Evidence of child abuse or neglect

If there is evidence of child abuse, neglect or any other danger to the child’s physical and emotional health, a change in the child custody plan becomes urgent. In such cases, the court will reassess the situation to ensure the safety and well-being of the child.

Inconsistent compliance with the current plan

If one parent consistently fails to comply with the current plan – by either failing to show up for scheduled visitations or denying the other parent their court-ordered visitation rights – the affected parent can request a modification of the custody plan.

Change in the parent’s ability to provide care

If a parent undergoes significant changes that affect their ability to provide care – such as a severe illness, loss of job or other personal crises – the court might consider modifying the child custody plan.

Changes in life circumstances can necessitate a modification in the child custody plan. Florida law emphasizes on the best interests of the child, which necessitates responsiveness to changing circumstances in the child’s or parents’ lives.

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