What Steps Do I Need to Take in Order to Modify a Child Custody Agreement in Florida?
If you are divorced and a child custody order has already been established, you are ALWAYS permitted to request that the order be modified. You may encounter a few obstacles along the way when attempting to modify your support order. That is why you should first hire a competent Hollywood Florida Family Law attorney prior to filing any paperwork in an attempt to get the modifications approved on your own. In regards to time sharing and residence of the minor child(ren), if you are attempting to modify and/or revise and existing custody/time sharing and/or residence Order, there are specific staturoty language and items which need to be included in your request.
Now, in order to properly request that a child custody order be modified, the Florida Courts state that you will need to do the following:
- Fill out and file the form titled Supplemental Petition to Modify Parental Responsibility, Visitation, or Parenting Plan/ Time-Sharing Schedule and Other Relief. You can access it now by clicking here. To be clear, you will need to know what aspect of the order you want to be changed. Are you wanting to revise visitation circumstances or the amount of time your child’s other parent is permitted to spend with them? These are only some of the questions you should be considering when trying to determine what modifications need to be made and we can definitely help you answer them.
- Once you fill out the required form, it should be signed before a notary public or deputy clerk and it should be filed in Broward County if your custody order was established in Hollywood, FL. You will also want to deliver it to the clerk of circuit court. In the event your child is currently living out of state, FL family law attorney Jodie Bassichis can help determine where the form should be filed.
- Now, aside from filling out and filing this form, you are also required to notify the other party that you submitted a petition to modify the child custody order. There are specific forms that must be used to do this so it best you don’t attempt to handle this task on your own.
- Once the forms are filed and the other party is notified, they will either agree with the modifications and you could be awarded what you requested, or they can contest your request which means you might have to go through mediation and then a trial. While it would be ideal for your child’s other parent to agree with the terms you have set, this is not a common outcome. Some might believe you are trying to deprive them of their time with their child or they might be fearful that they will have to pay more in child support if your request is granted. It is for this reason why many individuals contest a custody modification.
As mentioned, it is always a wise decision to allow a competent Family Law attorney prepare and file all of your documents to avoid any errors on your part. You may find that the courts will want more documentation that supports why you are requesting in this modification and it is highly suggested that you retain legal support.
To be sure you are properly prepared for this, we recommend you contact The Law Offices of Jodie Bassichis, P.A. today and schedule a free consultation so that we can explain the many ways in which we can increase your chances of getting either your child support and/or custody/time sharing/residential modification request awarded to you.
In addition, in most matters there will be a request for a reimbursement of Attorney Fees and Costs from the opposing side. Contact us today for more information.
You can reach The Law Offices of Jodie Bassichis, P.A. at:
Jodie Bassichis, PA
4700 Sheridan Street, Suite J
Hollywood, Florida 33021
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