If you are going through a divorce or have separated from the other parent of your child, the custody of children will be decided by the Court. There have been developments in the way child custody is handled in Florida and these developments can be very nuanced and detailed.
Relying on the experience of an established Altamonte Springs child custody lawyer can help you find the results you want in a child custody case. Our firm at the Law Office of Russell S. Hershkowitz, LLC has helped many parents obtain child custody decisions that benefit the children and parent.
To learn how our Altamonte Springs firm can help you, contact us at (407) 753-4111.
Under Florida family law, a child custody order or parenting plan can be modified, but only if there is a substantial, unanticipated change in circumstances and the change is in the child’s best interest. While that may seem easy enough, it can be difficult to prove in court.
The first step a judge takes in reviewing a child custody modification petition is whether or not the change in circumstances is unexpected and substantial. In order to be considered unexpected, the change must not have been reasonably contemplated at the time the original child custody order was entered. If it is determined that the change is unexpected, the court then turns its focus to whether or not the change is substantial.
Determining if a change is substantial is often a case-by-case basis, but there are some situations which are almost automatically deemed substantial:
A court is more likely to deem a change substantial when there is a combination of circumstances. Changes in the health or financial condition of a parent is typically not enough to be considered substantial. However, if the change is paired with some other situation, it may be deemed a substantial change.
If a child custody attorney can prove that the change was unexpected and substantial, the court can move on to determining if the proposed modification is in the child’s best interest. The court does not consider if the change is in the child’s best interest unless it has first been proven that the change was unexpected and substantial. Thus, it is important to hire an experienced child custody attorney.
Child custody and family law decisions at large can have a huge impact on your children, you, and your relationship with your children. At the Law Office of Russell S. Hershkowitz, LLC, our accomplished child custody attorney in Altamonte Springs can provide you with effective representation that is based on finding a resolution that is beneficial to your children. Our attorney has more than 25 years of legal experience and has been a member of the Florida Bar Association’s Family Law Section for more than two decades.
Set up a free consultation of your child custody case by calling us at (407) 753-4111.