How Do I Modify Child Custody in Florida?
Once child custody has been determined by a court in Florida, if one party wishes to modify the order an agreement must be filed with the court or a motion must be filed asking the court to change the order.
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Significance
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A parent can have legal custody of a child, physical custody of a child or both in Florida. Physical custody means the child lives with the parent while legal custody means the parent will have input into important decision such as religion, medical treatment and education. Custody is determined by a court during a divorce proceeding or paternity proceeding.
Modification by Agreement
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If both parents are in agreement regarding the modification of custody, they may prepare an agreed entry or agreed modification with the court. While an out of court agreement between the parties may seem simpler, if one party changes her mind or if the custodial parent needs proof of custody (for instance to register for school) then only a court order will suffice.
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Modification Without Agreement
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If one party wishes to modify an existing court order for custody without agreement from the other parent in Florida she must file a Supplemental Petition to Modify Parenting Plan/Time Sharing and Other Relief. The change will only be granted by the court if the petitioner can show a substantial change in circumstances such as substance abuse by the custodial parent or a geographic move.
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