If a judge recently awarded your ex-spouse primary custody of your kids in a divorce case, you may wonder if there is something you can do to change things. You may not agree with the judge’s decision and wish to have more time with your kids.
Perhaps a few years have passed since your divorce. Things have changed since you went to court, and now you wish to spend more time with your children. You believe you have the right to do so. Learn how to request a child custody order modification in Florida in these situations.
Talk to your ex-spouse
The easiest and most effective way of changing a parenting plan in Florida is to discuss your desires with your ex-spouse. Agreeing on a new parenting plan or custody agreement together can ensure you both get what you want. It can also help you avoid another custody battle in the courtroom. Most judges will sign off on parenting plans the parents create, minimizing your risk of a judge denying your modification request.
Gather information and evidence
If your ex-spouse will not agree to modify the child custody plan, you will have no choice but to take the matter to court. A judge will host a hearing to listen to both sides of the case. You must prepare for your custody case by either hiring an attorney or gathering evidence yourself. The judge will want to see how your situation has changed from the time he or she issued the custody order. If your child is older now, for example, the courts may take his or her opinion into consideration.
Request a modification order from the court
Once you have built a case, file your custody modification request with your county’s family court. You and your attorney will need to attend a custody hearing and present your case before a judge. Your goal will be to show that a modification would be in the best interests of the child. If you succeed, the judge will grant the custody order modification in your favor.