After a final decree of divorce or other order establishing custody and visitation is filed with a court, parents may agree to modify the custody or visitation terms. This modified agreement may be made without court approval. Courts can approve modification agreements unless it appears that they are not in the best interests of the child.
If a parent wants to change an existing court order and the other parent won't agree to the change, he or she must file a motion asking the court that issued the order to modify it. Courts can modify an existing order only if the parent asking for the change can show a "substantial change in circumstances." This requirement encourages stability of arrangements and helps prevent the court from becoming overburdened with frequent and repetitive modification requests.
Substantial change in circumstances include in part, a geographic move or change in lifestyle. Changes in custody or visitation orders may be obtained if substantial changes in a parent's lifestyle threatens or harms the child.
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[email protected]. All of Attorney Chandler’s responses to questions posted on are intended as general information based upon the facts stated in the question, and are provided for educational purposes of the public, not any specific individual, and his response to the question above is not legal advice and it does not create an attorney-client relationship. Attorney Chandler is licensed to practice law in Florida.
