How To Win A Custody Modification Case In Florida. After the parenting plan , including time sharing and decision making power , has been initially determined, a court may modify the plan or visitation rights upon a showing that new and material conditions exist which substantially affect the interests and welfare of. So, in order to justify disturbing it, the parent seeking a modification must show that there has been a substantial, material change in circumstances that was unforeseen at.
You may apply for a modification of the parenting plan in the future if you believe new evidence or circumstances exist that warrant a change. In proving a material change of circumstances case in florida, the burden of proof is high: You can seek this approval by filing a petition in court.
A child custody attorney in tampa can help with filing the petition, if necessary.
Florida courts have a policy of allowing both parents to have frequent and continuing contact with their children. A modification of child custody and visitation case was recently decided by the florida court of appeal in a case captioned romeo v. Make sure you discuss with your attorney to ensure you have the statutory grounds before you file for your modification of custody. See florida child custody statute 61.13001.