Child Custody Attorney Explains Modification of Custody

child custody attorney Boca Raton, FLMaking Sense of Full Custody, Timesharing and Shared Parental Responsibility Beyond the Required Florida Parenting Class

Child custody attorney, Jordan Gerber, Esq., explains modification of custody, timesharing and shared parental responsibility. 

Florida Parenting Class Basics With or Without Divorce

Each party to a paternity or divorce case in Palm Beach County, must complete a Florida parenting class. The Florida parenting divorcing class is the Parent Education Family Stabilization Course. It’s approved by the Florida Department of Children Families. Consequently, it’s purpose is to educate parents on how to raise children. There are several providers of the custody visitation Florida parenting class. Those that have been approved by the parenting court are available online. The parties are to complete the course separately within 45 days of filing per the terms time, order courts.

The class is also available online and a computers time is registered for processing. Computing users must file a certificate of attendance to prove they completed the Florida parenting class before a final judgment is entered. Judges can also order parties in other cases to attend a more comprehensive Florida parenting class if they think it’s a good idea under their own definitions.

child custody attorney Boca Raton, FLWhat Happens if My Ex Wants to Change Our Timesharing from Full Custody to Shared Parental Responsibility after Divorce?

Change is the only constant in life. As a result, it’s no surprise when a timesharing arrangement doesn’t stand the test of time. Questions about Florida modification of custody now dominate your mind and your thoughts turn to contacting a Boca Raton child custody attorney. Somehow you missed this information during your required Florida parenting class.

Maybe you let your ex have full custody so that you could have time to get your act together and now you want custody changed. Or perhaps your Florida children timesharing schedule is no longer workable. Either way, you probably know this quote on change well. Let’s put it into perspective.

Modification of Custody or Shared Parental Responsibility

Mr. Right swept you off your feet due to his flair for romance and sense of loyalty. Then he developed an affinity for swiping apps and exchanging dirty Facebook messages with his new co-worker. And his high school chem lab partner. And your friend Kimberley.

Consequently, perhaps the source of infidelity is Mrs. Right. Who you once playfully nicknamed the energizer bunny for her ability to juggle a career, family, and still had time to treat you like a king. Suddenly, she decided to quit her job and hire a nanny. Managing to free up her schedule for her new passion… hating you.

With this in mind, you know people and circumstances change and expect that pattern to continue. And, like clock work, it has. This is especially important when you realize that your Florida parenting plan no longer works. Time for your case to undergo a legal modification of custody.

Boca Raton Child Custody Attorney Explains Modification of Custody under Florida Law concerning Timesharing

To survive change, one must accept it and adapt. This is especially true when the issue involves kids. Florida courts agree. As discussed in previous articles, Florida statute has done away with using the words visitation and sole custody in favor of the terms  timesharing and parenting plan. As a result, the court’s shift away from providing a child with one part-time parent is evident. Rather instead to allow them the benefit of equal access to both. Given the court’s focus on the best interest of the child, and the knowledge that change is inevitable, the difficulty in changing your parenting plan seems counter-intuitive.

child custody attorney Boca Raton, FLBoca Raton Child Custody Attorney Explains Modification of Custody and Shared Parental Responsibility in Florida

There is a two-prong test for those seeking to modify a court ordered Florida parenting plan and timesharing schedule in Palm Beach County family court. When a child custody attorney seeks to modify timesharing, they must provide certain evidence:

  1. That a substantial, material and unanticipated change in circumstances has occurred; and
  2. The change in timesharing is in the best interest of the child

The Best Divorce Attorney will tell You that the Factors for Modification of Custody Aren’t Cut and Dry

The confusion lies in what actually constitutes a substantial change in circumstances to justify a modification of custody, time sharing schedule or shared parental responsibility. Legal lawyer jargon aside. Consequently, even with a lawyers legal explanation, it can still be hard to understand. It’s also not covered by the required Florida parenting class.

For example, one parent’s remarriage and an improvement in standard of living doesn’t rise to a substantial change of circumstances necessary to modify. However, the remarriage can be seen as a substantial change in circumstances if other components are present. Hence, it’s the identification of these elements that makes it necessary to have a capable Boca Raton Child Custody Attorney on your side to read and translate the statute in a way that will secure a favorable courts order.

Florida Statute 61.13 Guidelines for Modification of Full Custody, Timesharing and Shared Parental Responsibility

For purposes of modifying custody or shared parental responsibility child, the best interest of the child is the primary consideration. This determination of the best interests of the child is made when a judge evaluates certain factors:

  • Demonstrated capacity and disposition of each parent to facilitate and encourage a close and continuing parent-child relationship, to honor the timesharing system, and to be reasonable when changes to operations are required.
  • The anticipated division of parental responsibilities after the litigation. This includes the extent to which parental responsibilities court finds will be delegated to third parties.
  • Demonstrated capacity and disposition of each parent to determine, consider, and act upon the needs of the child as opposed to the needs or desires of the sharing users.
  • The length of time the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity in the custody order.
  • Geographic viability of the parenting plan. This factor does not create a presumption for or against relocation of either fathers or mothers with a child.
  • Moral fitness of each parent.
  • Mental and physical health of the parents.
  • The home, school, and community record of the child.
  • The reasonable preference of the child.
  • Each parent’s desire and ability to know about the circumstances of the minor child.

Child Custody Attorney Shares additional Florida Statute 61.13 Guidelines for Modification of Timesharing

  • The demonstrated capacity and disposition of each parent to provide a consistent time system routine for the child, such as discipline, and daily schedules to share time.
  • The demonstrated capacity of each parent to communicate with and keep the other parent informed of issues and activities regarding the minor child, through share computer operating systems or otherwise.
  • Evidence of domestic violence, child abuse, abandonment, or neglect.
  • Evidence that either parent has knowingly provided false information to the court regarding domestic violence, child abuse, abandonment, or neglect.
  • The particular parenting tasks customarily performed by each parent and the division of parental responsibilities before the institution of litigation and during the pending litigation.
  • Demonstrated capacity and disposition of each parent to participate and involve themselves in the child’s school and extracurricular activities.
  • The demonstrated capacity and disposition of each parent to maintain an environment for the child which is free from substance abuse.
  • Capacity and disposition of each parent to protect the child from the ongoing litigation.
  • The developmental stages and needs of the child and the demonstrated capacity and disposition of each parent to meet these needs.
  • Any other factor that is relevant to the determination of a specific parenting plan, including the timesharing schedule.

Click Boca Raton Lawyer Child Custody Lawyers   to schedule your consultation. Proudly Serving Boca Raton, Delray Beach, West Palm Beach, and all of Palm Beach County, South Florida.

West Palm Beach Child Custody Attorney Practice Areas Include:

  • Simplified Dissolution of Marriage

  • Contested Divorce

  • Uncontested Divorce

  • High Net Worth Divorce

  • Alimony Modification In Florida

  • Modification of Custody In Florida

  • Timesharing

  • Shared Parental Responsibility

  • Full Custody

  • Florida Modification of Child Support

  • Child Custody Contempt

  • Contempt Of Child Support Order

  • Florida Child Support Enforcement

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