Can You Modify Your Timesharing Agreement?
As any divorced parent knows, there will come a time where you want to modify your timesharing agreement. While this is often not the most feasible task, it certainly is a possibility. Today nearly 27 percent of all children in this country live in homes where only one of their parents resides, thus, it is becoming far more common to modify custody agreements. During the creation of the initial child custody agreement, the primary focus of the court is to ensure that the child’s best interests are being taken care of. Depending on the viewpoint of the court and the agreement that the parents may reach, every child custody agreement is different. However, in certain circumstances, it may be necessary for one of the parents to request that the existing child custody agreement be modified.
Reaching A Timesharing Agreement
In Florida, the courts believe in the importance of both parents playing an active role in the child’s life, thus, whenever possible the court will opt for a co-parenting plan where both parents are involved. If both parents are not able to reach an agreement on a parenting plan during a divorce then you may need to go to a custody hearing with a judge. There the judge will make a decision regarding the custody agreement based primarily on the child’s best interests. The judge will consider factors such as the child’s health, education, safety, and relationships before rendering a final custody decision.
Reasons for Modification
There are numerous potential reasons to request the modification of a child custody agreement, however, the most notable reason is when one of the parents violates or ignores the terms of the original custody agreement. Alternatively, another common occurrence is when one of the parents decides to move a further distance away from the child or other parent. When this occurs the presiding judge will determine whether the move is an attempt to prevent the other parent from seeing the child.
Additionally, in situations where one of the parents may be violent or abusive the court may choose to modify the preexisting child custody agreement. The court may take into account whether the child wants to continue living with the parent or not and whether the child is in immediate danger. The final decision will be at the discretion of the judge.
Contact Us for Professional Assistance
If you are in a timesharing dilemma the best thing you can do is reach out to an experienced family law attorney. Your attorney will be able to review your situation and identify any action that you can potentially take. Although in some situations there may not be a legitimate case to modify the preexisting timesharing agreement there are plenty of other instances that warrant immediate modification. Family law attorney Sandra Bonfiglio understands the severity and sensitivity of timesharing arrangements and can work with you and your family to develop a plan that works best for all involved. To learn more call 954-945-7591 for a free consultation.