As a Jacksonville Family Law Attorney, I am often asked whether a child timesharing order can be modified after a divorce. In short, yes, parents can change their timesharing agreement. However, if the parents disagree about the modification, the standard under Florida Law is often difficult to satisfy.
After a final decree establishing timesharing is filed with a court, parents may later agree to modify its terms. Although not required, it is advisable to obtain the court’s approval for the modification so that it may later be enforceable it needed. Generally, courts approve modification agreements unless it appears the modification is not in the best interests of the child.
If a parent wants to change an existing timesharing agreement and the other parent will not agree to the change, he or she must petition the court to modify it. Generally, a court will allow a modification if the parent asking for the change can show a “substantial change in circumstances.” Some examples include a geographic move or a change in lifestyle.