In Florida, divorcing parents can have various custody arrangements. These can range from sole custody (where one parent is primarily responsible) to joint custody (where both parents share decisions and care). Sometimes, a parent may believe the current arrangement isn’t in their child’s best interests and may want to change the custody order.
Changing custody means changing a court order. Either parent can request this: the custodial parent (to reduce the other parent’s time-sharing) or the non-custodial parent (to increase their own time-sharing or decision-making authority).
Modifying custody in Florida isn’t simple. Courts must consider specific factors before deciding. Generally, a change requires a substantial change in circumstances. Other factors also influence the court’s decision.
When a Florida court can modify a custody order
Florida courts consider two main things when deciding whether to modify custody:
- A substantial, material and unanticipated change in circumstances since the original order.
- Evidence that the requested change is in the child’s best interests.
Here are some examples of substantial changes:
- One parent moving 50 miles or more away from their Florida residence
- Major changes in a parent’s work or living situation
- Signs of child abuse or neglect
- A parent’s drug or alcohol abuse
- One parent often stopping the other from seeing the child
A parent may face reduced time-sharing or decision-making authority if any of these factors occur. However, the parent seeking the modification must prove these changes to convince the court to modify the custody order. Without evidence, the court will likely keep the current arrangement.
Gathering evidence to support a custody change
A custody modification isn’t automatic, even if a substantial change exists. The parent requesting the change must show that the current plan isn’t working and that a change is in the child’s best interests. They might use school records, medical reports, or statements from professionals or witnesses as proof. In all cases, including those with abuse allegations, the court must find both a substantial change in circumstances and that the modification is in the child’s best interests.
If, after a substantial change is shown, the court finds that a parent isn’t meeting the child’s needs, or if there are concerns about the child’s well-being, the court may consider changing custody. However, in cases of immediate danger to the child, the court may prioritize the case and schedule emergency hearings.