Modification of Custody Proceedings Under Florida Law

Modification of custody proceedings in Florida is a complex process that is vital for ensuring the best interests of the child or children are always met.

Understanding the Grounds for Modification

In Florida, a modification of child custody, also known as timesharing arrangements, can only be pursued if there has been a substantial, material, and unanticipated change in circumstances since the original order was established. This might include a significant move, changes in the child’s needs, or alterations in a parent’s living situation or stability.

Filing a Petition for Modification

The process begins with filing a supplemental petition for modification in the same court that issued the original custody order. This document must outline the changes in circumstances and explain why a modification is in the best interests of the child.

Demonstrating Best Interests of the Child

Florida courts focus on the child’s best interests when deciding custody-related issues. Specifically, those factors include the child’s health, safety, and emotional well-being; existing parental relationships; and each parent’s ability to provide a stable environment. The court considers these factors afresh to ensure decisions benefit the child’s development and security.

Mediation and Court Proceedings

Before heading to trial, the court usually requires parents to participate in mediation to try to resolve their dispute amicably. However, should mediation fail, the case proceeds to trial.  Trial is where both parents present evidence and arguments supporting their case for modification.  Ultimately, the judge will then make a decision based on the provided evidence.

Legal Representation

Given the complexities involved in modifying custody arrangements, it is our recommendation that you retain the most experienced attorney possible.  As you know, a knowledgeable attorney will help navigate the legal requirements.  An experienced attorney will advocate for the child’s best interests in court.  Sam Jubran is a Florida attorney who is Board Certified In Marital and Family Law by The Florida Bar, and is an expert in modification of custody proceedings.  Sam Jubran will help you rise again to a better way of living for you and your family!