Law Office Of Paulette Hamilton Divorce Lawyers | April 29, 2025 | Child Custody
Parents who are not together in Florida usually have a court-ordered custody arrangement or parenting plan. The parenting plan and time-sharing agreement establish parental rights and responsibilities. It also outlines how much time a child spends with each parent.
However, circumstances may change that require the parents to modify child custody arrangements. Parents may be tempted to modify child custody without going to court. However, agreements between parents are unenforceable.
You must obtain a new court order for child custody to ensure the changes are enforceable. Requiring parents to obtain a modification order for changes to child custody ensures the changes are in the child’s best interest. It also prevents a parent from changing their mind and claiming they never agreed to the changes in custody arrangements.
What Is the Process of Modifying a Child Custody Arrangement in Orlando, FL?
If you and your child’s other parent agree to the modifications, the process for obtaining a new custody order is straightforward. An attorney can draft the agreement for you to present to the court. A judge reviews the order to ensure it is in your child’s best interest before signing the new custody order.
When parents do not agree to change the custody arrangement, the parent seeking to change the arrangement files a petition for modification with the court. The motion explains the proposed changes to the custody arrangement and why the changes are necessary.
The court schedules a hearing where both parents can present evidence and arguments for or against changing custody. The judge reviews the changes and considers the evidence presented in court to make a decision that is in the child’s best interests.
Reasons for Modifying a Child Custody Arrangement
There is no way to predict the changes that might occur over the years when a custody order may be in effect. Therefore, the law recognizes that parents may need to modify custody arrangements. Reasons a parent may petition the court to change a custody order include:
- The child wants to spend more time with the other parent
- A parent’s work schedule changes
- A child’s needs have changed
- The child wishes to participate in extracurricular activities that require a change in the time-sharing agreement
- The custodial parent is abusing or neglecting the child
- The non-custodial parent’s schedule has changed, allowing them to spend more time with their child
- A parent wants to relocate with the child
There could be other reasons a child custody arrangement is no longer working. Florida child custody laws encourage parents to cooperate in developing a child custody arrangement and parenting plan that allows both parents to remain close to their child. It is presumed that a child benefits from having a close relationship with both parents until proven otherwise.
How Do Courts Resolve Disputes About Modifications to Child Custody Arrangements in Orlando?
Child custody matters in Florida are decided based on the law and the child’s best interests. Judges consider all relevant factors, including the preferences of the parents. However, the priority is to ensure the custody arrangement benefits the child’s well-being.
Florida Statute §61.13 confirms it is the policy in Florida to ensure a child has continuing and frequent contact with both parents. Judges consider numerous factors to determine if shared parental responsibility is in the child’s best interest. Factors judges consider include:
- A parent’s ability to provide for a child’s needs
- The feasibility of the parenting plan is based on the geographic location of each parent
- Evidence of abandonment, neglect, or child abuse
- The child’s current home, school record, and community
- The length of time a child has spent in a stable home and the desire to continue that stability
- The physical health, moral fitness, and mental health of the parents
- A parent’s ability to provide consistent routines, supervision, discipline, etc.
- Each parent’s ability to cooperate in facilitating a close relationship between the child and the other parent
- The willingness and capacity of a parent to be involved in a child’s extracurricular activities, school, and daily life
- A child’s reasonable preferences for custody arrangements
- Evidence of sexual violence, substance abuse, or domestic violence
Judges may consider other factors they believe are relevant in determining a child’s best interests for custody. These decisions may not be easy or straightforward. It helps to have an experienced family law attorney on your side to argue in favor of modifying a child custody arrangement.
Contact our Child Custody and Divorce Lawyers at Law Office Of Paulette Hamilton Divorce Lawyers for Help Today
For more information, please contact the Law Office Of Paulette Hamilton Divorce Lawyers in Orlando, FL for a free consultation with our experienced Orlando child custody lawyers.
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