Modification Of Time-Sharing Attorney

A time-sharing arrangement is a type of parenting plan that allows split, unmarried and/or divorced parents to divide time spent with their child or children. The time-sharing arrangement is presented in family courts and must be approved by a judge. When parents wish to modify the time-sharing arrangement that is in place, they should contact an experienced divorce lawyer with Silverman and Mack, LLC in Gainesville, FL.

Common Reasons For Requesting Modification Of A Time-Sharing Order

Some of the common reasons parents and or primary custodians file to modify time-sharing orders or agreements include the following.

  • A change in income and expenditures
  • Infeasibility of the existing time-sharing arrangement  

How Can Divorce Lawyers Help With Time-Sharing Modification?

When parents decide to split and/or divorce, the lifestyle conditions of the child may change drastically. A lawyer may be necessary to help you draft a time-sharing plan that is feasible for the child and both parents. Family law attorneys are also imperative to family cases in which such time-sharing plans must be adjusted to meet the evolving needs and circumstances of the child or children involved. Our lawyers can provide you with the tools, wisdom, and representation required for modification to your time-sharing agreement.

Family courts wish to uphold the interests and needs of the child. Often, abrupt changes and lack of routine/structure are perceived by family courts as damaging to the child’s proper growth and development, and general wellbeing. This may make it difficult for your time-sharing adjustment request to be approved. With a Gainesville lawyer, however, you can trust that your time-sharing modification petition will be filed properly and timely with the court, along with compelling evidence to support and justify your reasons for requesting a change in the existing plan.

Which Considerations Of The Court Determine Time-Sharing Modification?

There are many ways that family courts determine whether to approve or deny a time-sharing modification request. In most cases, however, courts look at past behaviors and the parents’ demonstrated ability to adhere to current time-sharing plans. While it may seem obvious that a modification in a time-sharing plan is necessary because of parents’ inability to follow the existing plan, many courts base their decision on how well parents are able to demonstrate that they can follow the rules.

According to Florida Statute § 61.13, the modification of time-sharing and/or a parenting plan requires the demonstration of a “substantial, material, and unanticipated change of circumstances.” Further, the best interests of the child must be upheld. Typically, when determining the best interests of the child, the following factors are considered.

  • The ability of the parents to fulfill the needs of the child
  • The child’s school record and educational wellbeing
  • The developmental and cognitive needs of the child
  • The legitimacy of third parties to provide child care
  • The capacity to provide a routine-like lifestyle for the child
  • Parents' ability to provide timely updates on the child
  • Parents' moral fitness and mental and physical health
  • Feasibility of geographic aspects of the time-sharing plan
  • Communicative efforts of the parents
  • The child’s preference for the modification to time-sharing
  • Parents' ability to adhere to demands of the modification
  • Parents' ability to maintain a close parent-child relationship
  • Lack of domestic violence, abuse, and mistreatment
  • Parents' ability to provide normalcy and stability to the child