Modifying Child Time-Sharing In Fort Lauderdale: How It’s Done And Four Common Mistakes
Modifying a child time-sharing agreement in Fort Lauderdale can be a complex and emotional process. In Florida, there needs to be a significant change in circumstances from when the plan was first put in place or other issues that impact your rights as a parent or your child’s safety and best interests. Our Fort Lauderdale divorce lawyer explains the process and four common mistakes to avoid.
Legal Steps for Modifying Child Time-Sharing in Fort Lauderdale
Under the Florida Statutes, once a Fort Lauderdale parenting plan is put in place, it can only be modified if there is a significant change in circumstances. The following outlines the legal process:
- Claim a Significant Change in Circumstances: Examples include a parent’s relocation, changes in the child’s needs, or a parent’s inability to provide adequate care.
- File a Petition Requesting Modifications: It must outline the reasons for the modification and the proposed changes to the time-sharing schedule.
- Consideration of the Child’s Best Interests: This includes the child’s relationship with both parents, the parents’ ability to cooperate in implementing a parenting plan, the child’s needs, and the stability of each household.
- Alternative Dispute Resolution: Parents may be required to attend mediation, which can help facilitate communication between parents and resolve disputes without going to court.
- Court Hearing and Final Judgment: If mediation doesn’t work, a Broward County Family Court judge will review all relevant evidence, including the child’s needs and the parents’ circumstances, before making a final decision.
Four Common Mistakes When Requesting Child Time-Sharing Modifications In Broward County
Modifying child time-sharing plans in Fort Lauderdale is not an easy task. Common errors and mistakes on your part could jeopardize your parental rights in these proceedings. Here are four common ones to avoid:
- Failing to Prove a Significant Change: One of the most common mistakes is failing to prove that there has been a substantial change in circumstances.
- Not Following Legal Procedures: Skipping necessary legal steps, such as filing the correct petition or failing to attend required hearings, can delay the process and even result in the court rejecting your request.
- Exposing the Child to Conflict: Maintaining a respectful co-parenting relationship is vital, as judges will consider the impact of parental conflict when making modifications.
- Ignoring the Child’s Needs: Failing to consider the child’s best interests, such as age, relationship with each parent, and emotional needs, can undermine your case. Prioritize what is best for your child rather than your own desires and interests.
To Protect Your Rights In Requesting Modifications, Contact Our Experienced Fort Lauderdale Child Time-Sharing Lawyer
Modifying child time-sharing in Broward County requires careful consideration and the appropriate legal actions. If you are looking to change your current court order, get the experienced legal representation you need from Fort Lauderdale child time-sharing lawyer Vanessa L. Prieto. We provide trusted guidance throughout the process and help you avoid common pitfalls. Call or contact us online today to schedule a consultation.
Sources:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.13.html
flcourts.gov/Resources-Services/Office-of-Family-Courts/Family-Court-in-Florida/Family-Law-Forms/Parenting-Plan-12.995-Forms-A-C
browardclerk.org/Divisions/Family
