WHY YOU MIGHT NEED TO MODIFY YOUR CUSTODY AGREEMENT
Timesharing agreements are a crucial part of the divorce process when a married couple with children makes the decision to end their marriage. The mutual decisions of a custody agreement will determine which parent has majority timesharing, legal custody for school purposes, and parental responsibility of the child or children involved in the divorce. Many factors are assessed before ruling on a matter as delicate as timesharing, including circumstances of age, mental capacity, physical health, emotional bond, lifestyle choice, quality of education, child preference, etc. No matter how thoroughly a case is analyzed and no matter how much attention is paid to the circumstances of any ending marriage, there is always the possibility that the terms of an established timesharing agreement will not be sufficient and/or relevant to a parent's circumstances years after the divorce and a determination of timesharing.
As with the original timesharing agreement, the courts will always judge modifications in light of what is best for the child or children involved. Therefore, modifications to timesharing agreements are generally approved when it can be proven that there is a substantial change in circumstances and the modification will be in the best interest of the children. Substantial changes could include a geographic move or a change in lifestyle such as a new job with a substantially greater pay or the development of substance abuse issues. These are circumstances that will need to be heard before the court and substantially proven in order to obtain the modification. Modifications have such significant legal impact that they may require the support and guidance of Kissimmee or Melbourne divorce attorney.
HOW A BOSTICK LAW FIRM DIVORCE ATTORNEY CAN HELP
Sometimes, only one parent believes that there is a need for a modification of timesharing. In these instances, the matter can become very emotional and as highly contested as the initial divorce. When only one parent feels that change is necessary, they must file a written request (known as a petition) to the court asking for approval of the modification. Again, a substantial change in circumstances will need to be established before the court will willingly make changes to an existing court order. Therefore, the need for a divorce lawyer intensifies even more in cases in when parents of a modification of timesharing are in opposition.
At The Bostick Law Firm, P.A. you can rely on the aggressive services of our attorney. We understand the highly stressful time surrounding a divorce, and sometimes negotiations are made and settlements are reached which prove effective for a limited amount of time. Therefore, we will take the steps necessary to ensure that we are prepared to help parents seek and effect change to their custody agreements when modification is necessary. We are also prepared to take all actions necessary when a modification of timesharing is not necessary.
Learn more about how we can be of help. Contact a Kissimmee or Melbourne divorce lawyer from our firm today.