Tampa Custody and time-sharing Modification Lawyer
When a substantial change in circumstances occurs subsequent to a determination of custody or timesharing and the current arrangement is no longer in the best interests of the child involved, a modification of custody is often the result. Sometimes a timesharing or custody evaluation is employed to determine the new schedule that would be in the best interests of the child involved. The burden is on the party seeking a change in the current arrangement. Under important recent decision in our district of Wade v. Hirschman, 903 So. 2d 928 (Fla. 2005) the test to be used in a modification proceeding is whether “(1) a substantial and material change in circumstances has occurred since the entry of the final judgment, (2) it is in the child’s best interest to modify custody, and (3) the change in circumstances was not reasonably contemplated when the trial court entered the original final judgment”. Alberto has both represented parties seeking a modification and defended against modifications. These situations require a candid assessment and a serious plan. If you have a custody modification issue within your family and have questions regarding how a Florida Family Law Attorney may be able to help, please contact me.