How To Modify Child Custody For Increased Parenting Time

mens divorce lawyerQuestion:

Do you have any divorce advice for men on what would enable me to increase the amount of parenting time with my kids?

Our current child custody agreements calls for us to split parenting time 50-50. However, I’m moving even closer to where my children live and I would like to have more than 50-50 though my ex-wife will not allow.

How can I get more parenting time with the children?

Answer:

I am unable to give you legal advice on divorce. I can give general divorce help for men, though.

Until and unless the parties agree to a mutual modification of the parental responsibility/parental time sharing arrangement or the court modifies the final judgment of dissolution of marriage, the time-sharing arrangement remains status quo.

Thus, if your former wife does not agree to more than the 50-50 scenario, then you would need to file a supplemental petition to modify time-sharing/parenting plan.

There are two main circumstances in which a modification of parental responsibility is sought: (1) the child’s needs or the parents’ lifestyles and circumstances have changed or (2) the previous parenting plan or time-sharing schedule has failed.

However, the moving party carries a heavy burden of proving a substantial or material change in the parties’ circumstances since approval of the most recent parenting plan and that the modification is in the best interests of the children. What constitutes a substantial change in circumstances is determined by the facts of each case.

But, even a major change, such as your relocation, may not be viewed by the court as a “substantial change in circumstances.” It is important that you highlight what the substantial change in circumstances is that now requires you to have the children more than 50-50.

Remember, I am unable to provide you with anything more than divorce tips for men, so please consult with an attorney in your jurisdiction.

To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including Melissa Knight, an associate attorney in the Tampa, Florida, office, contact Cordell & Cordell.

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