Modification of Time Sharing

At the end of any divorce with children, or paternity case, statute requires the entry of a Parenting Plan. If the parties cannot agree, the court will order a parenting plan it believes to be in a child’s best interest. Under Florida law, the court retains jurisdiction over child custody and time-sharing until child reaches 18 years of age. Florida law also allows for modifications to a time-sharing schedule based on a change in circumstances not known at the time of the previous order, and so long as the change is deemed in the child’s best interest.

The child custody and divorce attorneys at the Family Law Advocates, P.A., have significant experience successfully helping clients will all aspects of modifying their visitation orders and parenting plans. Whether you are seeking to modify the schedule or are defending against a petition for modification, we can help. Our legal team is made up of dedicated family law professionals whose only goal is the best outcome for our clients.

Modification requests can be made for many reasons. If you are pondering a change to your time-sharing schedule, or are on the other side of a modification request, give us a call, or contact us online, to schedule a thorough and honest consultation with one of our attorneys. Understanding your rights and options is the first step in successfully navigating a time-sharing modification case.

When a couple with children separates or divorces, an initial set of parenting time and visitation orders is established. This allows for an equitable solution for both parents to spend time with their children. These orders can be created through the settlement process or imposed by the court during litigation.

• Time-Sharing Modifications
• Relocation Cases
• Enforcement of Visitation Orders
• Emergency Time-Sharing Motions

Should you find yourself in any of the aforementioned situations, you need an aggressive and highly experienced legal team to fight for your time-sharing and custodial rights. Florida time-sharing statutes and laws can be complicated and nuanced, and hiring the right attorney can make all the difference between success and failure. Your time with your children is far too precious to leave anything to chance.

We begin the process by thoroughly reviewing your case, particularly the previous visitation orders and the changes in circumstances since those orders were enacted. Your objectives are what matter most. If you’ve been served with a petition for modification, time is of the essence to respond, as statute affords 20 days for a response to be filed. Failure to respond could result in a default judgment and new time-sharing schedule being entered without your input.

Under Florida statue, 61.13, the specific standard for modifying a time-sharing schedule is that there has been a “substantial, material, and unanticipated change of circumstances,” warranting a change. Any change must be made following the “best interest” standard used in formulating the original orders. This is not always an easy burden to meet. Reasons giving rise to a modification could include a parent’s unwillingness to meet the child’s needs, or even exercise their time sharing. It might also be necessary when safety issues arise, such as substance abuse issues or certain criminal acts. As kids get older, sometimes their wishes and needs change. A parent’s schedule necessitating modification might also arise.

Relocation can also lead to a modification of a time-sharing schedule. Absent agreement, a petition for relocation is required under 61.13001 when either parent, not just the primary, moves, or intends to move 50 miles or more from their residence at the time the previous schedule was entered. Relocation comes with its own set of procedures and requirements, including an analysis of the reason for the move and whether a new time-sharing schedule in the child’s best interest can still be reached. A modification based on relocation is going to be handled by the court differently from a modification sought for general reasons. Also pursuant to 61.13, the court can modify a time-sharing schedule when on parent violates the existing time-sharing orders. The key to successfully litigating time-sharing modification issues is understanding the legal standards and applying them to your negotiations or courtroom arguments. We are ready to assist in any scenario.

While your case is certainly unique, the attorneys at the Family Law Advocates have represented clients in just about every type of family law, divorce, and time-sharing situation. Once we have completed our review, we will collaborate with you to create a fully customized plan to either petition to modify your existing visitation orders, or defend you from a petition to modify them. Our attorneys will zealously advocate or your rights, whether in mediation or in the courtroom.

Modifications to time-sharing orders can be challenging. When you find yourself in need an experienced family law team to protect your rights, call the attorneys at the Family Law Advocates. We will schedule your initial consultation and case review. When everything is on the line, help is only a brief phone call away. You can also contact us online to schedule your appointment.