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Can you modify child custody if your kids hate the current plan?

On Behalf of | Aug 8, 2022 | Divorce

Your divorce was challenging, but now that it is over, you and your children have settled nicely into the new family dynamics.

You probably expected you could one day make the statement above after your divorce. Unfortunately, it is rare for a divorce settlement to meet everyone’s needs perfectly. Sometimes, a parent discovers a flaw with the child custody order, and other times it might not work well for your kids.

The guiding force of family law

Family courts are guided by what is best for kids in matters involving children. They won’t approve custody and time-sharing modifications for small reasons, but they may if the change preserves the best interests of your children.

Say your child develops an illness or injury that impacts mobility and interferes with custody exchanges. A modification in your time-sharing arrangements is likely justified because it is in your child’s best interests.

Now, say your teenager suddenly dislikes your arrangements because they cannot hang out with their friends on certain days. Since this is a matter of inconvenience rather than need, a court will almost certainly not approve a modification request.

Two-rule guidance

If you are contemplating a modification, ask yourself if the change you want meets the two rules that guide courts in post-divorce child-related matters.

  1.   Is a substantial change in circumstances affecting the welfare of your child?
  2.   Will the proposed modification serve the best interests of the child?

If you answered yes to these questions, you have a good chance of getting the time-sharing/child custody modifications you need.

Before you seek post-judgment modifications, be sure you really need the changes to help your children. Learning more about Florida custody modifications can ensure that your request for a change finds success.