Life is constantly changing and sometimes, child custody, visitation, child support and 
spousal support arrangements need to change as well. To make a change, we need to show that major changes in circumstances have occurred.
Have you lost your job? We may need to take a look at your child support and/or alimony and recalculate the monthly amounts. Are you remarried? Let’s look at the child custody and visitation agreement. Does your 14+ year old child want to stay with one parent more than the other in order to have a more structured life? Do you need to move to another state? We can talk about your goals and help you take the steps necessary to achieve your goals
Post-Judgment Modification issues also arise when your former spouse isn’t complying with the terms of the divorce judgement.
Before you file your suit to modify child custody, you will need to determine if you have a basis for modification. Identifying the basis for your modification is a crucial first step. If the court determines that your modification request was without merit, they could order you to pay the other parent’s attorney’s fees.
Keep in mind that courts do not like to disrupt the living arrangements of children without cause, so the burden is on the petitioner to demonstrate that a material change in circumstances warrants a change in custody. Every state has its own rules regarding what is considered a material change in circumstances to justify a modification, but it is generally true that your dissatisfaction with the parenting plan or the visitation schedule is not enough. You must be able to argue that the child’s best interest is served by modifying a custody order due to a material change in circumstance. Examples of situations that may justify modification of child custody are:
- The other parent is living with an abusive boyfriend/girlfriend.
- The other parent has developed drug addiction issues.
- The other parent has been reported to a child welfare agency for neglect.
- You have eliminated the reasons that you lost custody from your life, and are in a better position to care for the child than the other parent
Most family codes provide language broad enough to encompass a variety of situations, but do not provide specific criteria that will automatically change custody. Keep in mind that you must show that you are prepared to be the custodial parent; a court won’t modify an order unless the child is going to a situation in which they will be adequately cared for. Ultimately, the duty of the court is to focus on the best interest of the child, so even if you think you have a compelling reason to modify custody, the court may not find it compelling enough to show that a modification is best for the child.
Steven W. Hair, focuses his practice as a divorce attorney, family law attorney in Clearwater, Palm Harbor, and Safety Harbor.
For more information, visit our website at www.FamilyLawClearwater.com
or call (727) 726-0797.