Life is constantly changing and evolving, and circumstances rarely stay the same. Changes can affect your divorce, spousal support, or child custody agreements. When this happens, your agreements may no longer fit your needs or situation.
Modifying your custody order with the court allows you and your ex-spouse to adopt a schedule that best fits your child’s needs. Life changes, but spoken agreements are not binding in court. You might verbally agree to changes, but only legal modifications are enforceable.
This is where our Orlando child custody modification attorneys come in.
Why You Need a Child Custody Modification Attorney
You and your spouse may agree to act as if the agreement has changed. However, as experienced family lawyers, we recommend getting this in writing.
To safeguard your rights, pursue a custody agreement modification through legal channels. Working with an attorney has many advantages, including:
- Legal Experience: An attorney understands the complexities of family law and can navigate the legal system effectively, ensuring all necessary documents and evidence are properly presented.
- Advocacy: A lawyer advocates for your interests and ensures that your voice is heard in court, presenting your case in the best possible light.
- Paperwork Management: Custody modifications require significant documentation and legal filings. An attorney ensures all paperwork is completed accurately and on time.
- Courtroom Experience: Attorneys are familiar with courtroom procedures and can effectively represent you during hearings, increasing the chances of a favorable outcome.
- Negotiation Skills: Lawyers are skilled negotiators who can help reach a settlement out of court, which can be less stressful and more cost-effective than a trial.
- Knowledge of Local Laws: Custody laws vary by state and even by county. An attorney with local experience understands the specific laws and judges’ tendencies in your area.
- Minimize Stress: Navigating a custody modification can be emotionally draining. Having an attorney handle the legal aspects can reduce your stress and allow you to focus on your family.
- Access to Resources: Lawyers often have access to resources such as investigators, psychologists, and other professionals who can support your case.
How to Legally Update a Child Custody Order
1. File a Petition for Modification
- Submit the petition to the Orlando court for modification.
- Ensure all necessary documents and evidence are included.
- This protects you from potential disputes with your ex-spouse and makes the agreement legally binding.
2. Notify the Other Parent
- Serve the other parent with a copy of the petition.
- Follow the legal procedures for notification to ensure they are aware of the modification request.
3. Prepare for Court
- Gather any supporting evidence that justifies the need for modification.
- Be ready to explain how the changes will benefit the child’s well-being.
4. Attend Mediation (if required)
- Some courts may require mediation to resolve disputes before a hearing.
- Work with the mediator to reach a mutually agreeable solution.
5. Attend the Hearing
- Present your case to the judge.
- Explain why the current custody arrangement needs to be modified and how the changes will serve the child’s best interests.
6. Follow the Court’s Decision
- Comply with the court’s ruling regarding the custody modification.
- Ensure all changes are implemented as ordered by the court.
7. Update Legal Documents
- Make sure all legal documents reflect the new custody arrangement.
- Notify relevant institutions, such as schools and healthcare providers, of the changes.
Modifying Child Custody Orders in Orlando
Our Orlando child custody attorneys know modifications used to previously required a significant change in circumstances since the last judgment. This changed with a 2023 bill signed into law by Gov. DeSantis.
Now, parents have an easier time filing for a custody modification. They do not need a reason to get a day in court. However, they still need to explain to the judge why they want a change if their co-parent disagrees.
Potential Reasons to Modify Child Custody Arrangements
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. 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, agreeing to pause payments until you find a new job. Everything seemed fine until an argument arises, and they take you to court for unpaid child support. Without consulting an Orlando child custody attorney, your modifications weren’t legally processed. Now, you’re stuck paying back support along with current payments.
The Orlando child custody modification attorneys at C. Alvarez Law can explain how modifications work and how we can help you.
How to Protect Your Rights During a Modification
To safeguard your custody rights, pursue a custody agreement modification through legal channels. Start by filing a petition with the Orlando court for modification.
Our child custody modification attorneys are well-versed in this process, and they can be invaluable allies in your pursuit of a modification. Examples of significant changes that might persuade the Florida court to revise your 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 hinder the other’s allocated time with the child.
Building a Case for Custody Modification
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 child custody modification lawyers in Orlando to guide you through this intricate legal journey. They will help to protect your rights and the best interests of your children.
Hire an Orlando Child Custody Attorney at C. Alvarez Law
Once a Florida family law judge issues a child custody order, that agreement becomes legally binding and enforceable. This means both parents are obligated to adhere to its terms unless another modification is approved by the court.
Our child custody modification lawyers understand that divorce changes life and circumstances for both parents and the children. Sometimes, these changes are significant enough to require a modification to the original agreement.
It’s important to get advice from experienced Orlando child custody modification attorneys. They can help navigate legal complexities and ensure your rights are protected. Current laws have made filing for modifications easier, smoothing the process for the evolving life of parenthood.
Schedule a Custody Consultation Today
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 and do the best you can for your family.
