Tampa Child Custody Modification Lawyer
Practice Areas
The Tampa child custody modification lawyer team at Quinn & Lynch, P.A. helps parents navigate changes to their current custody order while prioritizing the child’s best interests. During an initial consultation, we assess the details of child custody modification cases to determine eligibility for custody modifications based on a substantial change in circumstances. With decades of family law experience in Florida, our experience and dedication ensure parents can pursue custody modifications that align with the best interest of the child or children involved.
Call (813) 223-7739 to schedule your initial consultation with an experienced child modification attorney in Tampa, Florida.
Reasons a Judge Will Change Custody in Florida
Judges will modify child custody orders if there is a substantial change in circumstances, in accordance with Florida custody laws.
Reasons judges will change custody in Florida include:
- A significant change in a parent’s work schedule
- A relocating parent
- Evidence that one parent has a substance abuse problem
- Evidence of child abuse or criminal activity affecting the child’s well-being
- A material change in the child’s needs
- The inability of one parent to adhere to the parenting plan, visitation order, or other existing court order
- One parent being unable to fulfill their responsibilities due to certain circumstances, unforeseen
- Other circumstances affecting the child’s well-being
In Florida, any family law court’s decision will primarily focus on the best interest of the child, meaning the court evaluates whether the current custody arrangement still serves the interests of the child. If the court believes the existing custody arrangement no longer serves the child’s best interest, the judge may approve the new child custody order.
Credible evidence must be presented to show why the existing court order no long suits the interests of the child. The burden of proof is on the parent seeking the modification.
If you need to modify your current custody order, a child custody modification lawyer in Tampa, FL, from our family law firm can help you present evidence to prove the custody modification is in your child’s best interest.
How to Change Custody Agreement in Florida
To modify a custody arrangement in Florida, the parent who is seeking custody modification must file a petition with the family law court and prove a material change or a substantial change in circumstances since the original custody order.
Modifying child custody in Florida can be challenging, especially if the other parent disputes a change in the parenting plan or visitation order.
Our Tampa child custody modification attorney team can assist by:
- Evaluate the case: Determine if any substantial change in circumstances warrant a new child custody order.
- Gather evidence: Collect documents and witness statements to support the requested visitation order or parenting plan changes.
- File necessary paperwork: Ensure all documents are properly completed and submitted on time.
- Present the case to the family law judge: Show circumstances affecting the child and how the proposed custody agreement better aligns with the interests of the child.
- Negotiate with the other parent: Seek resolutions outside of court through mediation or settlements.
- Modify supporting orders: Update related orders, such as child support, to reflect the new custody arrangement.
- Handle contested cases: Represent clients when the other parent opposes changes to the visitation order or parenting plan.
We focus on maintaining the child’s best interests and proving how the changes benefit their well-being. We verify all aspects of the existing custody order are evaluated thoroughly to support your request.
How to Change Jurisdiction for Child Custody in Florida
To change jurisdiction for a child custody order in Florida, the relocating parent must address legal requirements under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). A material change in circumstances, such as one parent moving out of state, must be shown to benefit the current interests of the child.
The custodial parent or other parent may contest the change, which can require a child custody modification lawyer in Tampa to help prove the need for new jurisdiction. The judge will review the existing custody order, connections to the new location, and legal custody arrangements, and the court’s decision will be in the child’s best interest.
If you’re the relocating parent or the other parent wanting to stop a relocation, our experienced Tampa family law modification attorneys can ensure compliance with Florida family law and assist in these complex family law cases.
How a Family Law Attorney Helps With Child Custody Modification Cases in Tampa
A knowledgeable family law attorney can help gather evidence, prove a substantial change in circumstances, and present your case to the judge. Our Tampa child custody modification lawyer team provides compassionate legal services to help you through the process.
We help demonstrate how the changes to child custody orders serve the child’s best interests, verifying all aspects of the current custody arrangement are carefully evaluated and improved.
Emergency Motion to Modify Child Custody Orders
An emergency motion to modify a child custody order is filed when one parent believes their child faces a significant risk that requires urgent court intervention. Florida courts consider emergency motions only under specific circumstances, including:
- Abuse or Neglect: Evidence of child abuse, neglect or harmful living conditions.
- Threat to Safety: Evidence of exposure to domestic abuse or a parent’s substance abuse problem.
- Parental Incapacity: A parent’s inability to care for the child due to physical, mental, or substance-related issues.
- Relocation Without Permission: One parent relocates with the child in violation of the existing parenting plan or visitation order.
- Abduction: The non-custodial parent unlawfully withholds or removes the child from the custodial parent.
A Tampa emergency custody order can provide temporary changes until a full hearing can be held. Each child custody modification lawyer in Tampa from our family law firm is experienced in handling such high-stakes cases. We work to ensure emergency orders align with the best interests of the child.
Relocating Custodial Parent
If you are the custodial parent and wish to move out of state or if you are moving out of state with a child and have no custody agreement in Florida, Florida family law requires you to get approval from the other parent or the court. Our Tampa child relocation attorney team can help you through this process.
The court will evaluate the reason for relocation, the potential impact on the child’s relationship with the other parent, grandparents, step-siblings, and extended family, and whether relocating serves the child’s best interests.
Relocation can significantly affect the existing custody arrangement. So, it’s important to present well-prepared evidence. The court’s decision will depend on whether the move benefits the interests of the child and whether it aligns with the current legal custody order. Having experienced custody modification lawyers in Tampa can help ensure your child’s best interest is prioritized.
Family and Domestic Violence Cases
Domestic violence can significantly impact child custody arrangements. Our Tampa family violence lawyer group is experienced in these cases and can assist parents seeking a domestic violence injunction in Florida to protect any children involved as well as the affected parent.
Our Tampa custody modification attorneys verify all necessary protections are in place, such as requesting only supervised visitation rights for the other parent, restraining orders, or modifications to the custody agreement.
If the other parent has a substance abuse problem, this is considered in custody modifications, guaranteeing the child’s well-being is the top priority.
Parenting Plan Modifications
The court evaluates whether the circumstances justify an updated parenting plan. Parenting plan modifications may involve the right of first refusal for custody in Florida, changes to parenting plan transportation arrangements, or adjustments in visitation schedules.
These changes can impact visitation rights, the obligations of the noncustodial parent, or even legal custody. When a significant change in circumstances arises, a child custody modification attorney in Tampa can provide valuable assistance to ensure the parenting plan modification in Tampa aligns with the child’s best interests.
Paternity and Parental Rights
In Florida, establishing paternity is essential for outlining rights and responsibilities in a child custody order or parenting plan. The process of how to establish paternity in Florida involves genetic testing, acknowledgment of paternity, or court proceedings. Once paternity is established, parents can work toward a custody arrangement that serves the child’s best interests, including decisions about legal custody and visitation rights. In certain circumstances, such as neglect or abuse, one parent may consider signing over parental rights in Florida, which terminates legal custody and custody rights.
Child Support Modification
A Tampa child support modifications lawyer can assist parents seeking a support modification when a substantial change in circumstances occurs. Florida court requires a material change that significantly impacts the current interests of the child, such as a parent’s income change.
Tampa Child Custody Modifications FAQ
Tampa child custody lawyers at Quinn & Lynch, P.A. are here to answer your questions and guide you through the difficulties of modifying child custody arrangements in Florida.
Can a Final Custody Order Be Changed in Florida?
Yes, a final child custody order can be changed if there is a substantial change in circumstances. The parent seeking the change must provide evidence to demonstrate why the modification is in the best interest of the child or children.
Can You Change Custody Agreement Without Going to Court in Florida?
In some cases, parents may agree to modify a child custody order without court involvement. However, to be legally enforceable, it must receive court approval.
How Much Does a Custody Modification Cost in Florida?
The cost of a custody modification can vary depending on the circumstances of the case. We offer a free consultation to discuss your case and help you understand your options. Costs may depend on various factors, such as whether the modification is contested and the complexity of the changes requested.
At What Age Can a Child Decide to Stay With One Parent in Florida?
There is no specific age at which a child can choose which parent to live with, but the court may consider the child’s preference depending on their maturity and best interests.
Tampa Child Custody Modification Attorney
Ensuring that child custody arrangements support the child’s well-being is crucial for any family facing changes. A child custody modification attorney in Tampa, FL, can provide the legal representation needed to achieve a fair custody arrangement. Call (813) 223-7739 to schedule your initial consultation with an experienced family law attorney in Tampa, FL.
Contact Our Experienced, Dedicated Divorce & Family Law Lawyers Today
As a dedicated family law practice in the Tampa Bay area, we work one on one with our clients, resulting in representation that is characterized by genuine care and understanding. If you are dealing with divorce or other family law issues, please contact at 813-223-7739 to schedule an appointment with one of our experienced family and divorce attorneys.
