If you were Denied a Modification of Custody, Time Sharing, or Parental Responsibility Before, You may be able successfully obtain one under the recent changes to Florida Family Law
The law in Florida used to require that there was an “unanticipated” change for the Court to grant a modification. This prior requirement meant that if the parents had an acrimonious relationship prior to the Order of Divorce or Paternity, you could not use the continuous pattern as a reason for a modification. If for example, you set a timesharing schedule to accommodate one parent’s work schedule, you could not use the change of jobs or work schedule to modify. Now since the law (Fla. Stat. s. 61.13) has been modified, changes that the parents could have anticipated or expected at the time the original Parenting Plan or Court Order was entered can be used as the basis for a Supplemental Petition for Modification. Another important change is that the law now designates that a designates a move from outside 50 miles to within 50 miles of a child may be a substantial and material change. If you want more information and counsel to determine if the current changes in your case merit a modification to the Parenting Plan and/or the last order relating to your minor child(ren), please seek the counsel of a licensed Florida lawyer who practices in family law. As always, Perez-Calhoun Law Firm is here to provide legal guidance through your family law case.
