To modify a child time-sharing judgment, the parent seeking the modification must demonstrate that a substantial change in circumstances has occurred and the proposed modification is in the best interests of the child(ren). Moreover, the change in circumstances must not have been contemplated at the time of the final judgment.
Time-sharing, formerly known as child custody, is the term used in Florida courts when discussing the time each parent spends with their chrild(ren). Florida’s legislature passed laws that removed the “term custody” in most parts Florida family law statutes in effort to encourage cooperation between parents.
There are multiple reasons why a parent may request a time sharing arrangement be modified. Here are some common examples:
1. There have been significant changes in the personal life of one parent resulting in one parent being less stable. Examples of such changes are untreated mental health issues or substance abuse.
2. A parent receives a criminal conviction that reflect negatively on the character of the parent or demonstrates conduct which could negatively impact children. A DUI is an example of a criminal conviction that could give rise to a substantial change in circumstances.
3. Substantial changes of circumstances can include changes in work schedules since the entry or the final judgment. A parent may have more or less time to spend with a child following a job change.
In order modify a time-sharing judgment, the party who wants to initiate the change must a supplemental petition to modify the parenting plan and/or time-sharing schedule. A parent may represent themselves when filing a modification; however, working with a lawyer affords some of the following advantages:
1. Assistance with procedural issues, such as filing the appropriate pleadings and papers;
2. Organizing evidence and exhibits;
3. Identifying witnesses;
4. Explaining case law and statutes to clients;
5. Advocating in court for clients and their child(ren);
6. Providing objective opinions about the issues clients face in time-sharing cases.
Factors a Court Will Consider When Ruling Supplemental Petition to Modify Time-Sharing.
Please click on the following link to review factors Florida courts will consider when ruling a supplemental time-sharing petition.
If you have questions about a modification time-sharing in St. Johns County, Ponte Vedra, or Saint Augustine, please contact The Taylor Law Office to schedule a consultation.