At times, changes in life often give rise to the need for a modification of the existing Parental Responsibility (custody) or Time Sharing (Visitation) Order. Any existing Parental Responsibility and Time Sharing order may be modified if a significant change of circumstances has occurred to warrant a modification.
Provided that the parent seeking the modification of Parental Responsibility (custody) or Time Sharing (visitation) is able to show the Court a “significant change of circumstances”, a modification of Parental Responsibility or Time Sharing can be sought at any time. The court may find the modification is in the child’s best interest.
The modification of the current Parental Responsibility and Time Sharing orders may be effectuated through the parties’ agreement which is then submitted to the Court as a “Stipulation and Order”. However, at times, it is necessary to seek judicial intervention in order to modify Parental Responsibility (custody) and Time Sharing (visitation). Absent either of these two options, any change to the existing orders is not enforceable.
Supplemental Petition for Modification / Post Judgment
In the state of Florida, issues related to parental responsibility, time sharing, or child support can be modified based on a substantial change in circumstances. For instance, if a parent is not properly caring for the minor child, if there are abuse or neglect issues, the Court can re-examine the case and enter a new order as it relates to the children. This may include suspended or supervised time sharing until the parent can properly provide for the best interests of the child. Additionally, if the income of the parties has changed, issues related to child support can be modified.
A party may also need to enforce the Final Judgment by filing a Contempt and Enforcement Motion. For example, if one party has failed to distribute property or if a party has failed to make payment in accordance to the Final Judgment or Marital Settlement Agreement, the other party has the right to enforce the Order and seek attorney fees and/or criminal sanctions.
Law Offices of Eve McClurg offer Affordable and Experienced Representation with Your Child Parental Responsibility and Time Sharing Matter.
The Law Offices of Eve McClurg can provide you with the legal insight into whether there is a basis for seeking a modification of your current orders. Although the Law Offices of Eve McClurg has been successful in negotiating agreements for the modification of child Parental Responsibility (custody) and Time Sharing (visitation), which are then submitted to Court for approval, we are prepared to go to Court when all efforts to amicably resolve your matter have failed. To request the modification of your current orders in case an agreement can’t be made possible, you must file with the Court a Request for Order.
To modify your existing order, you will need the assistance of an experienced family law attorney. At the Law Offices of Eve McClurg, we exclusively practice family law and are familiar with the nuances of Florida State Child Parental Responsibility Laws.
If you are considering a modification of an existing Parental Responsibility (custody) and/or Time Sharing (visitation) orders, the Law Offices of Eve McClurg can provide the necessary experience and exceptional advocacy to address your and your children’s changing lives. Our mission is to fight to protect the rights of you and your children. Call us at (239) 449-9943 now.