Life is unpredictable, and circumstances may change after the finalization of divorce or custody agreements. In Florida, you have the option to seek post-resolution modifications to adapt to these changes.
Post resolution modification refers to modifying existing divorce agreements or child custody arrangements. These modifications are sought when there is a substantial change in circumstances that affects the best interests of the child or necessitates adjustments to spousal support, child support, or visitation rights. Florida law recognizes that life circumstances can evolve and provides a mechanism for individuals to seek modifications to reflect these changes.
Valid Grounds for Modification
To obtain a post-resolution modification, you must demonstrate a substantial, material, and unanticipated change in circumstances. Some common grounds for modification include:
- Relocation: If one parent needs to move a significant distance away, it may require revisiting the visitation schedule or modifying custody arrangements.
- Changes in Income: Significant changes in income, whether an increase or decrease, can warrant modifications to spousal or child support payments.
- Changes in Health or Education Needs: If a child develops a medical condition or requires special educational services, modifications may be necessary to address these new circumstances.
- Child’s Preferences: If as a child grows older, their preferences regarding custody or visitation may change and the court may consider modifying the existing agreement.
- The Best Interests of the Child: When considering post-resolution modifications, the primary focus is always on the best interests of the child. The court will assess whether the proposed modification serves the child’s well-being and is necessary to meet their changing needs. Factors considered include the child’s emotional and physical health, educational requirements, and the ability of each parent to provide a stable and supportive environment.
The Modification Process
To initiate the modification process, you must file a petition with the appropriate Florida court. The court will review the circumstances presented and determine if the requested modification is warranted. The Law Office of Anthony J. Diaz recommends non-adversarial approaches to resolve these issues through mediation or alternative dispute resolution (ADR). Mediation allows both parties to negotiate and reach a mutually agreeable modification without litigation. ADR can save time, money, and emotional stress, providing an opportunity for both parties to find common ground while protecting their interests.
Post resolution modification in divorce agreements and child custody arrangements in Florida provides a mechanism for adapting to significant life changes. Whether it’s a change in income, relocation, or a child’s evolving needs, seeking modification can ensure that the best interests of the child are met and that the arrangements reflect the current circumstances.
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Tony is an exceptional attorney who zealously represents his clients. He is a skilled litigator and hard worker. I highly recommend Tony and have referred clients to him. Tony is an exceptional attorney who zealously represents his clients. He is a skilled litigator and hard worker. I highly recommend Tony and have referred clients to him.