Life is constantly changing and evolving, and circumstances rarely stay the same. When these changes occur, the terms of your divorce, spousal/child support, or child custody agreements may no longer fit your needs or situation. This is where our Orlando child custody modification attorneys come in.
The modifications to your custody order will allow you or your ex-spouse to ask for changes to your support or custody agreements to better fit your current circumstances. Life changes, but spoken agreements are not binding. You and your spouse may agree to behave as if the agreement has changed, but as experienced family lawyers, we recommend getting this in writing to protect yourselves from each other and the courts.
While courts do not actively enforce child custody agreements, they will if they have reason to investigate and find fault with them. The parents of the child are not the only people who can challenge a child custody agreement, so even if two ex-spouses trust each other, they should still both make sure they are legally safe. The child custody modification attorneys at C. Alvarez Law can explain how modifications work, and how we can help you.
Modifying Child Custody Orders in Orlando
Our Orlando child custody attorneys understand that modifications of an original agreement used to require a substantial and material change in circumstances since the last final judgment. This necessity has been changed with a 2023 bill signed into law by Gov. DeSantis. Now, parents have an easier time filing for a custody change. They do not need to provide a reason to get a day in court. However, they still require a reason to explain to the judge why they need one if their co-parent doesn’t agree.
Our team of Orlando child custody modification attorneys routinely witness multiple scenarios that warrant a motion for a modification. Some reasons include, but are not limited to:
- When either party has re-married
- If the party that was awarded alimony has entered into a significant relationship
- When there is a change in the best interest of the child, whether it be due to educational or medical needs
- When either party receives a significant inheritance or monetary asset
- When either party experiences extended unemployment or a significant increase or decrease in income
- When either parent relocates out of state
Before seeking modification, it is always advisable to speak to a proven child custody modification attorney to learn about your rights as a parent.
Why You Need to Legally Modify Court Agreements
You and your ex may be on good terms, but if that changes and your “modifications” are simply verbal agreements, it could cost you. For example, say you lost your job and couldn’t pay child support payments for a short period of time. You don’t want your co-parent to be able to report you to the police at any time. This is also why no child custody modification lawyer will advise you to fall behind on your payments.
You may have spoken with your ex and they said that you don’t have to pay them until you find a new job, and everything seemed fine. Then you get into an argument and they take you to court for unpaid child support. Since you did not consult an Orlando child custody attorney and your modifications never went through the courts and aren’t legal, you’re now stuck paying back support in addition to current payments.
How to Protect Your Rights During a Modification
When it comes to safeguarding the custody rights you have, the best thing you can do is pursue a custody agreement modification through the proper legal channels. Initiating the process involves filing a petition with the Orlando court for modification.
Our Orlando child custody modification attorneys are well-versed in this process, and they can be invaluable allies in your pursuit of a modification. Typical examples of substantial changes that might persuade the Orlando court to consider revising your existing child custody arrangement include:
- A child expressing a desire for increased time with the non-custodial parent.
- Relocation of the non-custodial parent closer to the custodial parent in Orlando.
- Modifications to the work schedule of the non-custodial parent.
- Concerns about the custodial parent’s abusive, neglectful, or unreliable behavior.
- Changes in the time the child spends with each parent.
- Shifts in the physical and/or mental health of one or both parents.
- Intentional actions by one parent hindering the other’s allocated time with the child.
It’s important to note that a single factor alone may not be sufficient to warrant a modification in your child custody agreement. However, when multiple factors are involved, they can build a compelling case. Rely on our experienced Orlando family lawyers to guide you through this intricate legal journey, protecting your rights and the best interests of your children.
Need an Orlando Child Custody Attorney to Help You Modify Your Agreements? Choose C. Alvarez Law
Once an Orlando family law judge issues a child custody order, that agreement becomes legally binding and enforceable. This means both parents in the Orlando area are obligated to adhere to its terms unless another modification is approved by the court.
Our child custody modification lawyers understand that divorce changes the life and circumstances for one or both parents, as well as for the children. Sometimes, these changes are so significant that a modification to the original agreement is in order.
You might have considered whether, instead of seeking a legal court-ordered modification, you and your spouse can independently modify the agreement. You might not even talk to a child custody modification attorney about your decision. However, it’s crucial to consult with experienced Orlando child custody modification attorneys. Now with the current laws, filing for modifications has become easier, making the process overall a bit smoother for the evolving life of parenthood.
At our firm, we understand the complexities of child custody arrangements in Orlando and the emotional impact on all parties involved and are dedicated to helping you protect the best interests of your child through our compassionate representation.
If you need help or more information, contact the Orlando child custody modification attorneys at C. Alvarez Law. We’re here to help you get through this part of your life as a parent and do the best you can for your family.
