Coral Springs, Broward County Divorce Attorney
1750 University Drive
Suite 202
Coral Springs, FL 33071
ph: (954) 346-6464
scott
For one reason or another, you may need to make a change to the Court ordered time-sharing. The change is called "Modification" and it is a legal process that must go through the courts. Before you do anything, you must get a copy of your final court order or final judgment of dissolution of marriage. Many times a court order or final judgment refers to a divorce settlement agreement or general magistrate's finding, which you will also need to copy. If you never had a court order, then you can not change or "modify" one.
For purposes of establishing or modifying parental responsibility and creating, developing, approving, or modifying a parenting plan, including a time-sharing schedule, which governs each parent's relationship with his or her minor child and the relationship between each parent with regard to his or her minor child, the best interest of the child shall be the primary consideration. A determination of parental responsibility, a parenting plan, or a time-sharing schedule may not be modified without a showing of a substantial, material, and unanticipated change in circumstances and a determination that the modification is in the best interests of the child. Determination of the best interests of the child shall be made by evaluating all of the factors affecting the welfare and interests of the particular minor child and the circumstances of that family, including, but not limited to:
(a) The demonstrated capacity and disposition of each parent to facilitate and encourage a close and continuing parent-child relationship, to honor the time-sharing schedule, and to be reasonable when changes are required.
(b) The anticipated division of parental responsibilities after the litigation, including the extent to which parental responsibilities will be delegated to third parties.
(c) The demonstrated capacity and disposition of each parent to determine, consider, and act upon the needs of the child as opposed to the needs or desires of the parent.
(d) The length of time the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity.
(e) The geographic viability of the parenting plan, with special attention paid to the needs of school-age children and the amount of time to be spent traveling to effectuate the parenting plan. This factor does not create a presumption for or against relocation of either parent with a child.
(f) The moral fitness of the parents.
(g) The mental and physical health of the parents.
(h) The home, school, and community record of the child.
(i) The reasonable preference of the child, if the court deems the child to be of sufficient intelligence, understanding, and experience to express a preference.
(j) The demonstrated knowledge, capacity, and disposition of each parent to be informed of the circumstances of the minor child, including, but not limited to, the child's friends, teachers, medical care providers, daily activities, and favorite things.
(k) The demonstrated capacity and disposition of each parent to provide a consistent routine for the child, such as discipline, and daily schedules for homework, meals, and bedtime.
(l) The demonstrated capacity of each parent to communicate with and keep the other parent informed of issues and activities regarding the minor child, and the willingness of each parent to adopt a unified front on all major issues when dealing with the child.
(m) Evidence of domestic violence, sexual violence, child abuse, child abandonment, or child neglect, regardless of whether a prior or pending action relating to those issues has been brought. If the court accepts evidence of prior or pending actions regarding domestic violence, sexual violence, child abuse, child abandonment, or child neglect, the court must specifically acknowledge in writing that such evidence was considered when evaluating the best interests of the child.
(n) Evidence that either parent has knowingly provided false information to the court regarding any prior or pending action regarding domestic violence, sexual violence, child abuse, child abandonment, or child neglect.
(o) The particular parenting tasks customarily performed by each parent and the division of parental responsibilities before the institution of litigation and during the pending litigation, including the extent to which parenting responsibilities were undertaken by third parties.
(p) The demonstrated capacity and disposition of each parent to participate and be involved in the child's school and extracurricular activities.
(q) The demonstrated capacity and disposition of each parent to maintain an environment for the child which is free from substance abuse.
(r) The capacity and disposition of each parent to protect the child from the ongoing litigation as demonstrated by not discussing the litigation with the child, not sharing documents or electronic media
related to the litigation with the child, and refraining from disparaging comments about the other parent to the child.
(s) The developmental stages and needs of the child and the demonstrated capacity and disposition of each parent to meet the child's developmental needs.
(t) Any other factor that is relevant to the determination of a specific parenting plan, including the time-sharing schedule.
Have questions?
(954) 346-6464
Each parent has the right to expect respect and courtesy and the obligation to give respect and courtesy to the other parent.
Each parent has the right to participate in and attend special activities in which the child/ren are engaged.
Each parent has the right during their time with the child/ren to follow his/her standards, beliefs or style of child-raising and discipline without interference from the other parent.
Each child has the right to have two parents and to love each without fear of anger/hurt from the other.
Each child has the right to develop an independent and meaningful relationship with each parent and to respect the personal difference of each parent and each home.
Each child has the right to be free from being present during the parent's personal battles or being used as a spy, messenger or bargaining chip.
Each child has the right to not be questioned about the other parent's private life.
Each child has the right not to hear the parents speak badly about the other parent.
Each child has the right to see his/her parents as being courteous and respectful to each other.
Each child has the right to develope and maintain his her age appropiate activities and friends without fear of loosing time with a parent.
Each child has the right to be a CHILD; to be free from parents' guilts, and to not assume adult and/or parent roles.
Florida Divorce Attorney
Scott Stadler
1750 University Drive
Suite 202
Coral Springs, FL 33071
Tel: (954) 346-6464
SAT. AND EVENING APPOINTMENTS AVAILABLE
Broward divorce attorney Scott Stadler's office is located in Coral Springs, Florida, and he serves clients in South Florida including Fort Lauderdale, Aventura, Hollywood, Davie, Margate, Tamarac, Parkland, Coconut Creek, Deerfield Beach, Pembroke Pines, Plantation, Pompano Beach, Boca Raton, Boynton Beach, Delray Beach and West Palm Beach. The firm serves all of Broward County, and Palm Beach County, Florida.
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The information included in this website has been prepared by Attorney Scott J. Stadler for information purposes only and is not intended to be a substitute for legal advise from your own legal counsel. Transmission of such information is not intended to create, and receipt does not constitute, an attorney-client relationship between attorney Scott J. Stadler and the receiver. No information received in this website should be acted upon any person, entity or firm without first obtaining proper legal advise. Please feel free to contact us by e-mail at any time. However, be advised that the act of sending electronic mail to attorney Scott J. Stadler does not in and of itself create an attorney-client relationship. Think twice before forwarding messages containing confidential or sensitive information.Ft Lauderdale divorce attorney.Scott Stadler, P.A.. All rights reserved.
Coral Springs, Broward County Divorce Attorney
1750 University Drive
Suite 202
Coral Springs, FL 33071
ph: (954) 346-6464
scott