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Orlando Child Custody & Time Sharing Modification Attorney
We represent people throughout the Orlando and Central Florida area in modification cases involving custody & time sharing. If you are seeking a custody and time sharing modification, call us today to speak with one of our experienced Orlando child custody modification lawyers. At the Wilson Law Firm, we work to protect your interests and to assist you in resolving your situation in an effective and efficient manner.
Child Custody & Time Sharing Modifications:
In some cases, the Parties may be in agreement as to the modification in the child custody and time-sharing. These cases can be resolved relatively quickly with a modification agreement and court order adopting the modification.
In cases where the Parties are not in agreement, the person seeking the modification will need to file a supplemental petition for modification of time sharing which will need to be served upon the other party. In child custody and time-sharing modifications, the Party seeking the modification will need to show that a substantial change in circumstance has occurred that justifies the modification.
Common Reasons for Custody & Time Sharing Modification:
1) Changes in Work Schedule or Employment.
2) Changes in Living Situations.
3) Relocation of one of the Parties.
4) Break Down of Communication between the Parties regarding the Children.
If you are involved in a modification of time sharing action, you should speak with one of our experienced Orlando child custody modification lawyers. You will learn about your legal rights and options, as well as the steps you can take to protect your and your children’s interests.
Courts Evaluation Factors:
You will need to establish that substantial changes in circumstances have occurred and that a modification is justified. The Court must then determine what is in the best interest of the child as to the modifications it makes. In Florida, the Court will determine all matters relating to time sharing of each minor child of the parties in accordance with the best interests of the child as defined in Florida Statute 61.13. Determination of the best interests of the child shall be made by evaluating all of the factors affecting the welfare and interests of the minor child, including:
1) The demonstrated capacity and disposition of each parent to facilitate and encourage a close and continuing parent-child relationship, to honor the time-sharing schedule, and to be reasonable when changes are required.
2) The anticipated division of parental responsibilities after the litigation, including the extent to which parental responsibilities will be delegated to third parties.
3) The demonstrated capacity and disposition of each parent to determine, consider, and act upon the needs of the child as opposed to the needs or desires of the parent.
4) The length of time the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity.
5) The geographic viability of the parenting plan, with special attention paid to the needs of school-age children and the amount of time to be spent traveling to effectuate the parenting plan. This factor does not create a presumption for or against relocation of either parent with a child.
6) The moral fitness of the parents.
7) The mental and physical health of the parents.
8) The home, school, and community record of the child.
9) The reasonable preference of the child, if the Court deems the child to be of sufficient intelligence, understanding, and experience to express a preference.
10) The demonstrated knowledge, capacity, and disposition of each parent to be informed of the circumstances of the minor child, including, but not limited to, the child’s friends, teachers, medical care providers, daily activities, and favorite things.
11) The demonstrated capacity and disposition of each parent to provide a consistent routine for the child, such as discipline, and daily schedules for homework, meals, and bedtime.
12) The demonstrated capacity of each parent to communicate with and keep the other parent informed of issues and activities regarding the minor child, and the willingness of each parent to adopt a unified front on all major issues when dealing with the child.
13) Evidence of domestic violence, sexual violence, child abuse, child abandonment, or child neglect, regardless of whether a prior or pending action relating to those issues has been brought. If the court accepts evidence of prior or pending actions regarding domestic violence, sexual violence, child abuse, child abandonment, or child neglect, the court must specifically acknowledge in writing that such evidence was considered when evaluating the best interests of the child.
14) Evidence that either parent has knowingly provided false information to the Court regarding any prior or pending action regarding domestic violence, sexual violence, child abuse, child abandonment, or child neglect.
15) The particular parenting tasks customarily performed by each parent and the division of parental responsibilities before the institution of litigation and during the pending litigation, including the extent to which parenting responsibilities were undertaken by third parties.
16) The demonstrated capacity and disposition of each parent to participate and be involved in the child’s school and extracurricular activities.
17) The demonstrated capacity and disposition of each parent to maintain an environment for the child which is free from substance abuse.
18) The capacity and disposition of each parent to protect the child from the ongoing litigation as demonstrated by not discussing the litigation with the child, not sharing documents or electronic media related to the litigation with the child, and refraining from disparaging comments about the other parent to the child.
19) The developmental stages and needs of the child and the demonstrated capacity and disposition of each parent to meet the child’s developmental needs.
20) Any other factor that is relevant to the determination of a specific parenting plan, including the time-sharing schedule.
Speak with one of our Orlando child custody modification lawyers today or review the following Florida Statutes for some more information on custody and time sharing modification law in Florida:
Experienced Orlando Child Custody Modification Lawyers:
Attorney Joel Wilson has over 20 years of experience and has handled thousands of cases during his legal career. He understands both the legal and emotional issues involved in divorce and family law modification cases and is an experienced trial attorney. Most custody and time sharing modification can be resolved without the need for a hearing, however, when a case cannot be resolved except by the Court, you will want an experienced trial attorney to present your side of the case in a persuasive and effective manner. In many cases, people who fail to seek legal representation later discover that they have made critical mistakes, due to a misunderstanding of the law and how it relates to their unique situation, which have devastating consequences in regards to their children. At the Wilson Law Firm, we work to protect your interests and to assist you in resolving your situation in an effective and efficient manner.
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Child Custody Modifications – The Wilson Law Firm provides a free initial consultation with an Orlando divorce attorney and Orange County Florida family law lawyer. Call us today to speak with an experienced Orlando divorce attorney about the legal process and your rights.