Florida Custody Modification Rules

Summary

In Florida, custody includes physical and legal types, which can be sole or joint. Joint parental responsibility with sole decision-making authority means shared responsibility but one parent makes major decisions. Modifying custody requires a substantial change in circumstances and must be in the childs best interest. Violating visitation terms may lead to modification requests.

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My divorce says that we have joined parental responsibility with me having sole decision making authority. Child lives me with full time. What kind of custody is that
In Florida, your situation would be termed as 'joint parental responsibility with sole decision-making authority'. This means:
- You and your ex-spouse share parental responsibility, but
- You have the sole authority to make major decisions.
- Your child living with you full-time indicates you have primary physical custody.
If my ex spouse wanted to file with court to change this agreement, which is only 1 year old, can he just do it without a reason other than he wants the child half of the time?
In Florida, to modify a custody agreement, the requesting party must show a "substantial, material, and unanticipated change in circumstances." Simply wanting more time may not be sufficient. He would need to demonstrate that the change is in the best interest of the child.
Would it make a difference that he owns a new place where he lives?
In Florida, while a new residence may be considered, the court's primary concern is the child's best interest. Factors may include:
- Stability and continuity,
- Capacity to provide for the child,
- Parent's mental and physical health.
Owning a new place may not be sufficient on its own.
So it's not that easy to change existing custody right?
Correct, it's not easy to change an existing custody agreement in Florida. The person requesting the change must demonstrate a significant change in circumstances and that the change is in the child's best interest.
My agreement says the following " Until the child reaches age six (*), the Father may call and video chat during the week and visit with hte child at the Mother's residence once per wek. Father shall notify Mother of his intent to exercise the in-person visit a week in advance of his intent to visit the child." the father doesn't give mother week in advance notice, sometimes he tries to give same day notice. Is he in breach of agreement? He also doesn't ask to FaceTime with child often; does this show lack of interest ?
If the father doesn't give a week's notice for in-person visits as stated in the agreement, he may be in violation of its terms. However, not frequently asking to FaceTime doesn't necessarily indicate lack of interest. It may be viewed differently based on the circumstances and the court's interpretation.
So if father is in violation of terms, can mother ask court to change it to seeing child once a month for example?
In Florida, the mother can request a modification of the visitation schedule if the father is consistently violating the agreement. The court will consider:
- The best interest of the child,
- If the father's violations are substantial and persistent,
- The effect of the changes on the child's stability and well-being.
I find your help much more helpful to me as opposed to lawyers which I have spend thousands of dollars on
I'm glad to hear you've found our assistance helpful! We're here to provide clarity on legal matters. If you have more questions or need further explanation on any point, feel free to ask.