Modification of Time Sharing Tampa Florida. One of the most important aspects of divorce laws is about sharing responsibilities of child rearing between the two parents. The arrangement of child custody as a joint/shared responsibility is referred to as time-sharing in Florida. One parent is given custody (physical) of child and the other is given visitation rights.
Florida laws have been charted out in the best interests of minor children, and there is no bias for or against any one parent, or for or against any particular time-sharing schedule while chalking out parenting responsibilities.
However, there are certain changes in circumstances that necessitate a modification in the time-sharing program in the interests of your child. These changes need to be substantial in nature and material, for the modification to be carried out. There is no clarity on these ‘material’ and ‘substantial’ changes, and most often, they are defined as per the discretion of the court and legal precedents.
What does not constitute substantial change?
For one of the parents to prevail in a substantial modification case, he or she has to prove that the change must be in the best interests of the minor. Also, the change should not have been anticipated when the original plan and time-sharing scheme was chalked up and agreed upon. These following circumstances don’t qualify as substantial changes:
- The remarriage of one parent or one of them living with a new partner.
- The enhanced financial quality of life or other life circumstances of one of the parents.
- An agreement to shift the child’s custody between parents on a temporary basis.
- Parent’s failure to communicate with each other.
- Even relocation to another town, from a parent’s current residence in Tampa to another city, or another state outside of Florida does not qualify as substantial change in circumstances, in most cases.
There are many laws around relocation, and one of the parents can oppose it. Even after relocation is approved, your Florida court will use its discretion and could order contact with the non-relocating partner on matters of timesharing and other forms of communication to ensure meaningful and continuing contact with the other person.
If you live in Tampa Florida, and wish to relocate, the court will agree if both you and the other parent agree in writing over relocation. Also, the relocating parent should serve a petition duly signed to the other partner and give details of new location, address, phone numbers, reasons for relocation and date of relocation.
The substantial changes clause is there to make sure neither of the parents ducks financial and other responsibilities in child-rearing. What can constitute as substantial change could be the changing mental health of one of the parents, a fall in stability of one of the parents’ homes, an atmosphere not conducive for the well-being and growth of the minor child. If the father moves in with a girlfriend, for instance, it is not a substantial change; however, if a father moves in with a girlfriend who has served a prison term for drug charges, it is considered a substantial change because it is not in the child’s best interests to grow up in such an atmosphere.
If you have any questions about modification of time sharing Tampa Florida or would like to speak to us about your options, please contact us at (813) 518-7411 or complete a free online case evaluation. We represent clients during stressful and difficult times in their lives. We are empathetic, responsive, and push for a quick resolution. We look forward to helping you resolve your issue quickly, fairly, and in a way that will help you to return to the stable, predictable life that you deserve.