How To Modify a Time-Sharing Agreement for Your Child
While parents may come to an agreement during their divorce negotiations regarding a time-sharing schedule for their children or the schedule is ordered by the courts, it is unrealistic to think that the same time-sharing arrangement will continue to work exactly as is three, five, or ten years later. People and circumstances change that require modifications to the original time-sharing agreement, but very few parents know what the court requires in order to approve such a change. At the law office of Blair H. Chan, III, our experienced Tampa child custody attorney has been helping clients throughout the Tampa area navigate modifications to their time-sharing arrangement and many other aspects of divorce. Call or contact the office today to schedule a free consultation of your case.
Modification by Agreement
The easiest way to modify a time-sharing arrangement is by agreement. The courts in Florida encourage parents to work together to find solutions that meet everyone’s needs, so if both parents agree to new terms in a time-sharing agreement the court is likely to approve it. The only exception is if one parent has placed the child’s life in danger in the past or exposed the child to other dangerous conditions and the new arrangement gives that parent more time with the child. Even though both parents agree, the new time-sharing arrangement must be approved by the court, and an experienced family law attorney can help make the process as smooth as possible.
Modification Through Court Order
If one parent wishes to modify the time-sharing agreement and the other parent does not, the modification can be petitioned through the court. The court will only make a modification to the time-sharing agreement if the parent petitioning the court for the change can prove that there has been substantial, material, and an unforeseeable change in circumstances that warrants the modification.
A modification in a time-sharing agreement cannot be approved without a hearing, so both parents will have a chance to present their arguments about why the arrangement should or should not be changed. The judge in the case will take into consideration the best interests of the child along with the change in circumstances when determining whether or not to approve the modification. In order to rise to the level of a substantial change in circumstances, the situation must be something that is permanent and unanticipated at the time of the original agreement. Examples of a substantial change in circumstances include a major move by one parent, an injury, illness, or development of an addiction by one parent. Talk to an expert in Florida family law to learn more.
Call or Contact the Office Today
Negotiating issues about your children with your former spouse can be emotionally draining and psychologically taxing on everyone involved. Let the knowledgeable family law attorney at the office of Blair H. Chan, III, help. Call the office or contact us online to schedule a free consultation of your case today.