It is likely that you or your ex-spouse experience life changes that may warrant changes to the original time-sharing agreement for your children that was agreed upon during your divorce. Unfortunately, convincing the judge to modify the time-sharing agreement is difficult. To modify the arrangement, you will need to prove or demonstrate a showing of a substantial, material, and unanticipated change in circumstances and the judge must make a finding that the modification is in the best interests of the child. It can also be if a long-term change has occurred or will occur. However, the court will always be concerned with what is in the best interests of the child. Some situations are likely to result in a time-sharing modification if only one parent petitions the court, four of which we outline below.
Courts err on the side of consistency for children of divorce, which makes the modification process feel as if you’re swimming upstream. If both you and your ex-spouse come to the court and request a modification, though, the judge will be much more likely to agree to the change. Due to the sensitive nature of time-sharing agreements and modifications thereof, we strongly suggest you retain an experienced and effective attorney to obtain a positive outcome. Call us at (305) 979-2267 to begin.
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Each Blog is written by Jesse Philippe-Auguste, Esq.