Modifying Time-Sharing in Florida: What You Need to Know
In Florida, child custody—officially referred to as “time-sharing”—can be modified after a final judgment, but only under specific legal conditions. Courts prioritize the best interests of the child and require a substantial, material, and unanticipated change in circumstances to justify any modification. Modifying time-sharing is best done with expert advice.
A parent seeking to change custody must first demonstrate this substantial change in circumstances. Examples may include a parent relocating far from the child’s school or support network, significant changes in employment schedules, evidence of abuse or neglect, or one parent consistently violating the existing custody order. The change must be unforeseen at the time of the original custody agreement.
Once a substantial change is established, the court evaluates whether the proposed modification would serve the best interests of the child. When modifying time-sharing, Florida courts consider factors such as the child’s relationship with each parent, stability of the home environment, the ability of each parent to meet the child’s needs, and, depending on the child’s age and maturity, the child’s preference.
The parent requesting the change must file a Supplemental Petition to Modify Parental Responsibility, Visitation, or Parenting Plan/Time-Sharing Schedule with the court. This petition must be served on the other parent, and both parties will have the opportunity to present evidence and testimony at a hearing.
- It’s important to note that minor disagreements or inconveniences generally do not justify a change in custody.
- Florida courts discourage frequent modifications, aiming instead to provide children with stable, predictable arrangements.
Parents considering modifying time-sharing should consult a family law attorney familiar with Florida statutes to assess whether their situation meets the legal threshold. Proper legal guidance increases the likelihood of a successful petition and protects the emotional and developmental well-being of the child. For more information, contact one of our experienced Florida family law attorneys at Chiumento Law to discuss.
About the Author
Chiumento Law, PLLC is one of the oldest law firms in Flagler and Volusia counties. The well-respected law firm is a full-service firm, with attorneys providing legal services to individuals, families, and businesses in Florida in a broad range of areas. Our practice areas include Personal Injury Law, Bankruptcy Law, Family Law, Estate Planning, Business and Corporate Law, Real Estate Law, Immigration Law, Elder Law, Criminal Law and Construction Law. The firm has offices in Palm Coast and Ormond Beach and handles both criminal and civil cases. At Chiumento Law, PLLC, we are proud of our long-term commitment to the Flagler and Volusia County community. Our lawyers are all active community members, and many have served in multiple positions in local government and community organizations.