Serving West Palm Beach, Boca Raton, Port St. Lucie and South Florida 561-658-1789

Modifying Child Custody Orders

Your divorce has been finalized. You think you’re all set when it comes to the child custody and visitation schedule, but you should know that things could change in that regard. The lives of you, the other parent, and your children could change in a heartbeat.

When this happens, you may want to modify child custody orders. To change a Parenting Plan and Parental Responsibility, a parent must detail how the parent’s or child’s circumstances have substantially changed and describe how making a change will be good for the child.

Substantial changes include things such as:

How to Make a Modification

Parents can usually modify a parenting plan by agreement unless one parent has put the child’s life in danger in the past. Courts encourage divorced parents to work together and communicate with each other about their children’s needs. However, to protect yourself in the future, it is always recommended that you inform your attorney that you have made a change to the parenting plan. A written agreement should be drawn up that outlines the changes you are making. Both parties should then sign the agreement.

If the other parent will not agree to the modification, then you must get an order from the court. Unless there is an immediate emergency, the court will not modify the parenting plan without holding a hearing and allowing both parents to present their views.

In determining whether to modify a parenting plan, the court is to make decisions it believes are in “the best interest of the child.” It will generally modify parenting plans when there has been a substantial change of circumstances, and the modification of the plan is in the best interest of the child. This leaves the court with a great deal of discretion in approving the modification.

Contact Our West Palm Beach Family Law Attorney Today

Family law issues such as child custody and parenting time can be challenging to handle. You may even need to make changes after the divorce has been finalized.

West Palm Beach family law attorney Brian K. McMahon, P.A. can help you make those decisions and handle all of the legal aspects that come with them. Schedule a consultation by calling (561) 658-1789 or filling out the online form. We serve the West Palm Beach, Boca Raton, Port St. Lucie, and South Florida areas.