What worked years ago may not work now. This is especially true for child custody arrangements, which is why it’s important to understand that you can modify child custody in Wesley Chapel and elsewhere in Florida, but only in certain circumstances.
If your current child custody agreement is no longer suitable for you or your child’s best interests or needs, you can request a child custody medication in court with the help of a Wesley Chapel family law attorney.
If you’re dealing with any of the following, you may be entitled to a child custody modification.
Current child custody is bad for the child
If the other parent is satisfied with the current child custody arrangement and it is in the best interests of the child, altering the agreement may not be easy or possible. Our lawyers here at DHW LAW, P.A. explain that family law courts base child custody decisions on “the best interests of the child” standard.
Meaning: you can request a child custody modification if you can prove that the current agreement negatively affects the child’s well-being, upbringing, education, care, quality of life, views and aspirations, or compromises the safety of the child.
Child is in danger due to domestic violence
It’s not uncommon for Florida family law courts to alter child custody agreements due to domestic violence and child abuse. Since the best interests of the child are the primary concern for courts, you can reverse the current arrangement by proving that:
1. The other parent threatens the safety of the child;
2. There is domestic violence or child abuse in the parent’s home;
3. The child has expressed his or her unwillingness to stay in the home of the other parent.
Relocation of the other parent
If the other parent has relocated to another city, state, or even country either temporarily or permanently, you may be able to modify the current child custody agreement if you can prove that the relocation will derail the parent visitation schedule, and the move is not in the child’s best interests.
The other parent violates agreed-upon visitation schedule
Your ex may attempt to prevent you from visiting and seeing the child even though you’re allowed to parent visitations in the agreed-upon visitation schedule.
A court will not tolerate violations of a child custody agreement, which is why the other parent’s unwillingness to cooperate with the current parent visitation schedule may entitle you to seek a child custody modification.
Consult our best child custody attorneys in Wesley Chapel here at DHW LAW, P.A. to find out how to you can alter the current agreement in a court and maximize your chances of obtaining a favourable ruling in family court.
The other parent died
Even though it may seem that after the death of a custodial parent, the other parent automatically assumes full responsibility for their child, it’s not the case. Our lawyers explain that courts may decide that it would be in the best interests of the child if a third-party (typically, another family member) would get custody of the child.
Even if you don’t have a prior history of child abuse, domestic violence, psychological maltreatment, neglect of a child or other factors that prevent individuals from gaining custody of a child, if the other parent dies, you should hire a Wesley Chapel family law attorney to assume full responsibility of the child.
Other ways to change child custody
However, there are alternative ways to modify child custody that don’t require going to court and initiating a time-consuming and expensive legal proceeding. With the help of a family law lawyer, you can try to communicate with the other parent to agree to a mutually-acceptable agreement outside of court.
Consult our attorneys at DHW LAW, P.A. to find out what’s your best strategy to change a child custody arrangement. Call our offices at 813-962-3176 or fill out this contact form for a free case evaluation.