To modify a custody order in Florida, you must prove a substantial, material, and unanticipated change in circumstances and show the modification serves the child’s best interests. Johnson Ritchey Family Law’s Boca Raton custody modification attorneys guide families through relocations, safety concerns, and evolving parental needs with board-certified expertise.
Key Takeaways:
- Florida requires proof of a substantial, material, and unanticipated change in circumstances, not just a preference, to modify an existing custody or time-sharing order.
- Common grounds for custody modification include parental relocation over 50 miles, safety concerns such as substance abuse or neglect, and significant changes to a child’s educational or medical needs.
- The modification process begins with a Supplemental Petition to Modify Parenting Plan, followed by discovery, mediation, and, if parents cannot reach an agreement, a trial.
When you drafted and finalized your first parenting plan, it was based on what worked best for your family at that moment. But as your children grow and circumstances change, those court orders may no longer be a good fit. If your current arrangement isn’t serving your child’s best interests or doesn’t support your role as their parent, you need guidance from a team of Boca Raton custody modification attorneys who understand both the law and the emotional weight of these complex family transitions.
At Johnson Ritchey Family Law, we combine legal expertise with a down-to-earth, family-first approach. Whether you are seeking to change a schedule or defending against a move that could disrupt your child’s life, our dedicated team provides straightforward, compassionate counsel. We handle it all, from collaborative agreements to aggressive trial advocacy.
Are you ready to make a change? Request a free case evaluation today. We’d love to speak with you.
What is a Custody Modification?
In Florida, a “custody modification” is a legal process to change a previously agreed-upon time-sharing or parenting plan arrangement. The state requires more than a simple preference or disagreement to change a custody order. You must prove there has been a substantial, material, and unanticipated change in circumstances that warrants a change. Additionally, you must demonstrate that modifying the current time-sharing order is in the best interests of the child.
Common Reasons for Custody Modifications
Our trusted team of Boca Raton custody modification attorneys assists families facing significant life shifts and challenges. Some circumstances that could permit a custody modification include:
- Relocation: One parent moves more than 50 miles away for work or family support
- Safety and Stability Concerns: Issues like substance use, abuse, or neglect
- The Child’s Evolving Needs: As children grow, their educational, medical, and social needs may require a different time-sharing structure
- Parental Need: A major shift in a parent’s work schedule might make the current plan impossible to follow
- Newly Established Paternity: The father’s rights can now be enforced
The Custody Modification Process for Florida
In Florida, the process typically begins with a Supplemental Petition to Modify Parenting Plan. Here is what you can expect:
- File and Notify: We file the paperwork and serve the other parent. If the other parent does not respond within 20 days, you can file a motion for default. If they agree with your proposition, you can move directly to a hearing. If not:
- Discovery and Mediation: Both parents exchange evidence and documentation to support their positions, such as medical records, school reports, and photos/videos that demonstrate a change is needed. A mediator or parenting coordinator can help come up with a mutually beneficial solution, or the case may go before a judge.
- Trial: The judge will make final decisions in court. This is where our “aggressive advocacy” comes in.
Why Choose Johnson Ritchey Family Law
When parents are searching for Boca Raton custody modification attorneys, they need a firm that offers the power of “and”: aggressive advocacy AND deep compassion.
- Legal Expertise: Our firm is led by a board-certified attorney, a distinction held by less than 10% of Florida attorneys. This reaffirms our commitment to exceptional representation, integrity, and legal expertise.
- Team Approach: With over 85 years of combined experience, our team ensures someone is always available to answer your questions and keep you informed.
- Personalized Strategy: We know how to handle complex issues. We encourage client input every step of the way and develop a plan based on that partnership. We guarantee the absolute highest quality of work.
The final (and most influential) factor in creating or modifying a parenting plan is the child’s best interests. Courts look closely at considerations such as the child’s school performance and attendance, physical and mental health, each parent’s ability to meet the child’s developmental needs, and whether parental responsibilities will be delegated to a third party. Together, these factors shape how a custody order ultimately takes form.
Because the burden of proof is high, working with a highly competent team of Boca Raton custody modification attorneys is essential. We provide a personalized experience, encouraging your input as we build a case grounded in facts, empathy, and, of course, your child’s best interests.
Consult With Our Boca Raton Custody Modification Attorneys Today
Your family deserves a parenting plan that works for the realities and needs of today. At Johnson Ritchey Family Law, we provide the prestige of a board-certified leader with the accessibility of a dedicated team. Don’t navigate this rocky terrain alone; let our 85 years of experience work for you.
Contact us today to request a free case evaluation. We’d love to learn more about your case.
