When can I modify a child custody agreement?

In the state of Florida, a child custody agreement can be modified when either parent can demonstrate a substantial, material, and unanticipated change of circumstance. This means that circumstances must be significantly different from what they were when the court granted the initial agreement. Examples of a substantial, material, and unanticipated change of circumstances could include the relocation of the custodial parent, the health of a parent or child, or a significant change in income. In order to modify the agreement, either parent must request a formal Petition for Modification in the County in which the original agreement was granted. The court will review the reasons for the request and evaluate whether the changes are necessary to protect the best interests of the child. The court will also evaluate the overall fitness of the parents in order to make a fair and equitable decision. If the court finds the requested changes to be in the best interests of the child, they will grant the request and modify the existing agreement. Both parents should be aware that the court can also deny the requested modifications if they find that no changes are necessary to protect the best interests of the child. It is generally in the best interests of the child and both parents to seek legal advice prior to filing a Petition for Modification.

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