Question from Erx, Can I Request a Modification of Time Sharing from 30% to 50% Under Florida’s New Time Sharing Law?
Answer from AI:
Under Florida law, it is possible to request a modification of a time-sharing schedule, including a change from 30% to 50% time sharing. However, it’s important to understand that the court will not automatically grant this request. The court’s primary concern is always the best interest of the child, and any modification must reflect this principle.
Legal Basis for Modification
According to Florida Statute 61.13, a court may modify a time-sharing schedule if there is a substantial, material, and unanticipated change in circumstances and the modification is in the best interests of the child. The law does not specify what constitutes a “substantial, material, and unanticipated change,” so it’s up to the court’s discretion.
Factors Considered by the Court
The court will consider several factors when deciding whether to modify a time-sharing schedule, including:
- The child’s age and physical and mental health
- The parents’ physical and mental health
- The child’s relationship with each parent
- Each parent’s ability to provide a stable, loving environment
- Any evidence of domestic violence or child abuse
Process for Requesting a Modification
To request a modification of a time-sharing schedule, you will typically need to:
- File a petition with the court
- Provide evidence of a substantial, material, and unanticipated change in circumstances
- Show that the proposed modification is in the best interests of the child
Note: This process can be complex and may require the assistance of a legal professional. It’s recommended that you consult with a family law attorney who can guide you through the process and help you present the strongest possible case.
Remember, the information provided here is general in nature and does not constitute legal advice. Laws can change, and the interpretation of those laws can vary from court to court and from case to case. Always consult with a legal professional for personalized advice.