As a Jacksonville Family Law Attorney, I am often asked whether a child timesharing order can be modified after a divorce or paternity action in Florida. In short, the answer is yes. Parents can change their timesharing agreement, however, the standard under Florida Law if often difficult to satisfy.
In general, Florida courts require a "substantial change in circumstances" to justify a modification of a child timesharing agreement. A parent asking for the change can show a substantial change in circumstances in several ways. Some examples include a geographic move or a change in lifestyle. If a custodial parent makes a significant move, or a move will seriously disrupt the stability of a child's life, the move may qualify as a substantial change in circumstance and warrant a modification of the timesharing agreement. Additionally, if substantial changes in a parent's lifestyle threatens or harms a child, a modification to the timesharing agreement may be granted.
Florida courts further use the "best interests of the child" standard as a guiding principle when making timesharing decisions. This principle often trumps all other factors when making any kind of timesharing decision. A parent wishing to change the residence arrangement under a divorce decree has a heavy burden to satisfy. In these cases, it is essential to retain a knowledgeable Florida Family Law Lawyer.
If you have any questions about specific circumstances, contact a Florida Family Law Lawyer today, and schedule a free consultation.