Things to Know About Child Custody Modification Hearings in Tampa
In Florida, child custody orders are known as parenting plans. Parents can agree to these plans if they end their relationship with each other. When parents cannot agree, the court will determine a parenting plan. In either case, the court must issue an order and these are final and legally binding. It is expected that both parents will comply with the plan but, the law also recognizes that over time, situations can change and parenting plans may have to be modified. Below, our Tampa modification attorney explains how to prepare for a hearing if you or your co-parent need to modify a custody order.
When Can a Parent Pursue a Child Custody Modification?
There are many grounds for pursuing a child custody modification. For example, if a parent suddenly starts working more or longer hours, that may be a reason to modify child custody. Additionally, if a child is in danger at any point, such as if the custodial parent develops a substance abuse problem or starts abusing or neglecting their child, that can also be grounds for a child custody modification.
To modify a child custody order, the party petitioning the court must show that there has been a substantial change in circumstances. For example, a parents’ incarceration or relocation may be grounds for a change in child custody. Or, if the needs of the child have changed substantially, that may also be grounds to modify a child custody order.
What Evidence is Needed for a Child Custody Modification?
Due to the fact that original custody orders are final and legally binding, the courts in Florida require strong evidence that a modification is necessary. The evidence used varies from case to case but it can include:
- Medical documentation proving a change in the parent’s or child’s medical needs
- School records to indicate that the current order is negatively impacting the child’s performance at school
- Video footage or pictures of the child’s living conditions if it is believed the home of the other parent is unsuitable for the child
The Role of Witnesses in Custody Modification Hearings
You can bring witnesses to child custody modification hearings to support your claims. Family members such as the child’s aunts, uncles, or grandparents can all provide strong testimony if they have helpful information. In cases that involve abuse or neglect, testimony from medical doctors and nurses can also help support your claims. Therapists, babysitters, and parents of your child’s friends can all possibly testify on your behalf. The witnesses that will help strengthen your case will depend on the grounds you are using for a child custody modification.
Our Modification Attorney in Tampa Can Help You Prepare for the Process
Obtaining a child custody modification is possible, but it is never easy. At All Family Law Group, P.A., our Tampa modification attorney can help you through the process so your rights are upheld and you obtain the best possible outcome. Call us now at 813-672-1900 or contact us online to schedule a free consultation and to learn more about how we can help. Se Habla Espanol.
Source:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.13.html
