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.
- Changes in a Parent’s living situation. This is fairly straightforward. If you or your ex-spouse takes a new job that requires constant travel, the judge will likely be sympathetic toward modifying the agreement if it is in the child’s best interests. In Florida, parents are not allowed to relocate with a child to a location more than 50 miles from the child’s principal residence unless special circumstances call for it. Therefore, if you see your children on weekends and are moving out-of-state, there is a good case for modifying the original time-sharing agreement. This would be the basis for a petition for relocation.
- Changes to keep a child’s school or extracurricular situation. As a child matures, he or she will develop friends and interests. Whereas you and your ex-spouse might have rotated caring for your child every two weeks when your child was a toddler, the time-sharing agreement can be modified if need be to keep your child in a familiar academic setting. The same standard roughly applies for extracurricular activities.
- Changes to a parent’s ability to take care of children. If you or your ex-spouse arrives at a point where you cannot provide basic needs for your child, the judge will certainly consider modifying time-sharing between the two of you. The same will happen if you fall seriously ill or become incapacitated. It should be noted that simply an income disparity is not a convincing reason for a modification to time-sharing. As long as the child is being adequately cared for in both homes, the court will likely not issue a change.
- Changes to child’s safety or wellbeing. Divorce can be difficult on all parties involved. If you or your former partner develop a drinking problem, drug problem, or other harmful addiction, you can count on losing out on time spent with your child. In addition to possible criminal charges, the situation will probably warrant a visit from the Department of Children and Families.
Conclusion
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 305-990-0535 to begin.