Understanding Modifications & Enforcement

A divorce decree may be final, but family circumstances continue to evolve afterward. The same is true of a child custody order for unmarried parents. The law makes allowances for reasonable modifications to custody and support orders, with appropriate documentation and compelling argumentation.

Strong reasons to support a needed modification in child custody, child support or alimony:

One parent has had a significant change in job scheduling
One parent will soon be deployed overseas in the military
One parent is incapacitated, in jail, overseas, kidnapped or otherwise unable to care for children
One parent needs to move for work, education or family reasons
One parent (or former spouse) has had a significant increase or decrease in income
A child or parent has had a major health issue

Discuss your situation with an attorney at The Gufford Law Firm, P.A., in South Florida. We can put our 50 years of experience in family law to use analyzing your child custody case and preparing sound arguments to present to a family law judge if necessary.

Of course, it’s possible that you and your ex-spouse or the other parent of your child(ren) can reach an agreement with no need for a judge to determine how your family life should be organized after a divorce or separation. For your legal protection, however, do not make changes without getting a court order. Informal agreements can backfire and lead to accusations that one or both parties are violating a court order.

Whether your case for a modification is contested or not, you need legal counsel to get a new plan in place.

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Relocation

Do you need to move with your child out of the area? Or, is the other parent proposing to do so?

A legitimate need may sometimes be accommodated, but it is important to have the family law court’s stamp of approval. If it happens, a modified child custody plan will be necessary. Instead of seeing your child every other weekend, you may have him or her with you all summer, for example. Divorced and separated parents often have a hard time reaching an agreement in such cases, but when the child’s best interests are honored, a resolution may be found that respects both parents’ parental rights.

Relocation may be addressed either in an initial custody action or after an initial custody order has been established. Florida Statute 61.13001 specifically addresses the issue of relocation. This statute prevents a residential parent from relocating their residence more than 50 miles unless the parties enter into a written agreement before the move or a court approves the relocation. We have successfully prosecuted and defended relocation actions throughout the 19th Judicial Circuit. Ask our lawyers about the relocation statute and the cases interpreting it that may be relevant to your case.

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Enforcement

What if the other parent has put you in a bind because he or she:

Has stopped paying child support or alimony as ordered
Has refused to allow you access to your children for scheduled parenting time
Has stopped picking up your child for their allotted visitation