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Modifying Your Custody Agreement Doesn’t Require A Court Battle

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Once two parents have their parenting plans approved by the court, their focus will shift from setting the terms of that agreement to the daily practice of co-parenting. However, it is likely that at some point, a family’s circumstances will change, necessitating a modification of the original agreement. The good news is that a couple doesn’t necessarily have to go back to court and argue over the new terms of the arrangement in order to update their parenting plans. Instead, the parties have the option of working together, in an out-of-court setting to voluntarily change the agreement and then seek an uncontested modification in court. To learn more about this process, please reach out to our legal team today.

Uncontested Parenting Plan Modifications in Florida

While changing a parenting plan does mean that a couple will need to go to court for a custody modification hearing, it doesn’t mean that the parties will be required to litigate. Instead, if two parents both agree to the proposed changes, they can file a request for an uncontested modification. A job change, a relocation, or the addition of a new extracurricular activity to a child’s schedule could all be good reasons to seek a modification of the parenting plan. As long as the court agrees that the new development represents a substantial change in circumstances, then it will grant a hearing request and will likely approve the modification. In fact, courts generally only block uncontested modification requests if there is evidence that the proposed change would clearly not be in a child’s best interests.

Collaboration is Necessary for an Uncontested Modification of a Parenting Plan

For parents who are seeking an uncontested modification of a parenting plan, working in a collaborative manner to reach a mutually agreeable solution is critical. This will require negotiation and compromise, as well as close and careful communication. If, however, this is not possible because a former partner is refusing to voluntarily agree to the change, or the modification is being sought because of that parent’s behavior, then speaking with an experienced attorney who can help seek a modification in court is of the utmost importance. In these cases, the petitioning parent will need to convince a court that a substantial change in circumstances requires a modification of the agreement. He or she should be prepared to argue the case in court and to present compelling evidence that the change would be in the child’s best interests.

Call Today to Schedule a Free Consultation Today

Updates to a custody arrangement that reflect a family’s changing circumstances don’t have to lead to lengthy court proceedings. Instead, couples can reach an out-of-court agreement and then seek approval of that change in court through an uncontested modification. To learn more about the uncontested modification process, don’t hesitate to reach out to experienced Fort Lauderdale child custody attorney Sandra Bonfiglio, P.A. at 954-945-7591 today. You can also reach a member of our legal team via online message.

Sources:

flcourts.org/content/download/403074/file/905a.pdf

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.13.html

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