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Mark Abzug

What are the grounds for changing parental custody in Florida?

On Behalf of | Sep 17, 2024 | Child Custody

In Florida, changing parental custody is not a decision the courts take lightly. Courts prioritize the child’s well-being and only consider modifications when there are significant reasons to do so. Parents seeking a change must demonstrate that the current arrangement no longer serves the child’s best interests.

When can parental custody change?

To modify a custody arrangement, parents must show a substantial, material, and unexpected change in circumstances. The court will consider these changes carefully:

  • Relocation: If one parent plans to move a significant distance away, it can greatly impact the child’s life.
  • Child’s needs: Changes in the child’s health, education, or emotional needs that the current arrangement cannot address.
  • Parent’s stability: If a parent’s living situation has become unstable or unsafe, such as losing a home or struggling with substance abuse.
  • Parental behavior: Evidence of neglect, abuse, or failure to stick to the current custody agreement.
  • Parental cooperation: Inability of the parents to cooperate or communicate effectively, affecting the child’s well-being.

Each of these grounds must be proven with evidence. The court will evaluate the situation thoroughly to ensure any change benefits the child. Simply wanting a change is not enough; the change must improve the child’s circumstances.

Can the other parent contest the change?

If a parent disagrees with the court’s ruling, they may seek an appeal. However, appeals must be founded on legal flaws in the initial decision, not simply dissatisfaction with the conclusion. The appeal court considers the matter and decides whether to uphold or overturn the decision.

Focusing on the child’s best interests

Changing parental custody in Florida requires thoughtful consideration. Whether you are the custodial parent or not, the child’s interests should be the top priority. You may want to seek help from a legal professional who can represent the case well. Ultimately, the goal is to ensure the child’s well-being and stability in any new custody arrangement.

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