Modifications of Timesharing in Florida
In Florida family law cases, people often wonder if the law allows them to come back to Court after the fact and modify certain provisions of their timesharing agreement (or order). Fortunately, the law does allow a subsequent modification of a time-sharing plan; however, the burden on the party moving to modify is a fairly high one.
Florida law required an allegation and subsequent proof of a SUBSTANTIAL, MATERIAL, and UNANTICIPATED change in circumstances since the entry of the final judgment. Further, the requested modification must also be found to be in the child’s best interests. Therefore, it is not legally sufficient to simply feel that you want more time with your child, or that you are now not happy with the timesharing schedule you had previously agreed to. There must have been some kind of change in circumstances, and not just one party wanting to change the schedule just for the sake of changing it.
There is plenty of case law in Florida that lays out exactly what kind of change in circumstances is required to modify timesharing. Those circumstances vary too widely to list them all here; it is important that you consult with an experienced family law attorney who is familiar with modifications to give yourself the best possible shot in Court. Because of the high burden of proof required in a modification case, it can be more difficult to succeed than in an initial divorce or paternity action.
Child support may also be modified in Florida, and the issues involving child support modification will be addressed in more detail in the next upcoming blog. Thanks for reading!
