Parents who are subject to a Florida custody order that outlines their division of authority and time-sharing should generally uphold that order to the best of their ability. Frequently, the terms included in a custody order are broad enough to remain effective for years after parents divorce or separate.
However, there are scenarios in which parents may need to go back to court to modify their custody orders. They can do so either by reaching an agreement with one another or by litigating. In cases where a judge must decide whether an update to the parenting plan is necessary, their focus is on the best interests of the children, not the desires of the parents.
Those requesting a modification without the support of a co-parent generally need proof of a substantial change in circumstances, such as the five situations below.
1. A relocation or move-away scenario
If one parent intends to move 50 miles or more from their current residence or out of Florida, a modification of the custody order is likely necessary. They must provide advance notice and show that the move is for a reason that is ultimately beneficial to the children.
2. A significant change in schedules
Perhaps a child who has struggled academically must attend a different school because of their grades, or maybe one parent has accepted a new job. When there is a significant change in the schedules of family members, that may necessitate a revision of the time-sharing arrangements for the family.
3. Concerns of abuse or neglect
When one parent has documentation that the other does not properly meet the children’s needs or has intentionally abused them, the courts can intervene. Reducing parenting time, ordering parenting classes and even arranging for supervised visitation are all viable modifications in that situation.
4. A change in family dynamics
If one parent remarries or has another child, that significant change to the primary family unit can impact what custody arrangements are best for the children. Additionally, a change in the dynamic between certain siblings or between the children and one parent could also warrant a modification request.
5. Health challenges
If one parent develops a serious medical condition, such as aggressive cancer, their medical limitations and treatment needs could render them incapable of meeting their parental obligations. If the children have new medical needs, one parent may be in a better position than the other to care for them.
Typically, if either parent serves in the military, the parenting plan likely already includes provisions for deployment or training, but military-related modifications are also somewhat common.
After any significant change in circumstance, updating one’s current custody order might be beneficial for the entire family. Working with an attorney can help parents pursue a post-decree custody modification accordingly.