Child custody cases can be complex in the beginning and even long after the initial parenting plan is in place. In some cases, you may need to modify the parenting plan, particularly when it suits your child’s best interests.
Your circumstances may change. You may find new employment or have to make a move. In these cases, your child custody arrangements may no longer work for you and your child’s other parent. In other instances, more negative circumstances may require a change in child custody.
For instance, say that your former spouse has a substance abuse problem or is abusive towards your children. In these circumstances, you have to be able to modify the child custody and support agreements.
In the original parenting plan, the best interests of your child are the top considerations. According to Florida law, a child’s best interests include the mental and physical health of the parent and the moral fitness of the parent. If one parent no longer fits as a capable parent, then he or she may lose some of his or her custody of the child. In addition, a child’s reasonable preference may influence the court’s decision. While children cannot decide who has custody, if the child has the intelligence and understanding to express his or her preference, then the court will consider it. All of the child’s best interests in terms of mental and physical welfare are the same considerations that the court gives when you seek to modify a parenting plan.
In order to pursue a modification of child support or custody, you will have to petition the court. To do this, you will need supportive evidence and the correct documentation.