Once all is said and done in a divorce case, divorce decrees can seem final. But there are certain circumstances that may allow you to change aspects of your divorce decree. Modification to your divorce order becomes a possibility when you or your spouse have experienced a substantial change in circumstances.
If you or your ex-spouse is seeking a modification to the terms of your divorce, paternity status, or parenting plan, our Naples modifications lawyers can help you understand your rights and options. We have the necessary experience to help you fight for or against post-divorce modifications in Collier and Lee Counties.
Call our skilled family attorneys in Naples and Cape Coral today at (239) 319-4441 to find out how we can assist you in the divorce, paternity, or parenting plan modifications process.
Modification of a Florida Divorce Decree
Only certain parts of a divorce judgment may be modified.
The components of a divorce decree that may be modified include:
- Child support
- Child custody
- Parenting plan
Modifications will only be allowed when at least one spouse has gone through a substantial change in circumstances.
Some of the events that might qualify as a substantial change in circumstances include:
- Loss of a job for the parent making spousal support or child support payments
- A significant change in income for either parent
- Relocation of the parents or children
- Unavoidable increase in health insurance or other healthcare costs for parents and children
- Remarriage or cohabitation of a spouse who is receiving alimony
- Abuse or neglect of a child by one of the parents
Florida Parenting Plan Modifications
Florida parents may need to modify their parenting plan over time. This happens as the children grow up, and circumstances change. Modifying a parenting plan in Florida can be done by agreement of both parties or through filing of court documents.
- If both parents agree to the modification, they will need to submit a new parenting plan to be signed by the judge.
- If either parent objects then a hearing must be scheduled with the court for further review.
What Factors Will the Courts Take into Consideration When Modifying a Parenting Plan?
The court may consider certain factors such as changes in income or relocation when making any revised decisions regarding parenting plans. A Naples modifications lawyer can help guide parents through modifying their parenting arrangement in an effective way that adheres to Florida laws and regulations while protecting the best interests of their children.
Establishing Paternity to Modify a Parenting Plan
Establishing paternity is an important step for couples who wish to modify a parenting plan in Florida. If only one parent has legal and/or physical custody of the child(ren), then the other parent must formally establish paternity with the court before they can submit any modified parenting plans.
This process may involve:
- Taking or submitting a DNA test
- Evidence such as birth certificates
- Hospital records to prove that the father is indeed related to the child in question
Additionally, if either party wishes to legally establish a biological connection between the child and father without any doubt, either party may file for a Paternity Action with the court. After these steps have been taken, both parents will then be allowed to revise their parenting plans according to what is in their and their child's best interests. An experienced lawyer in Naples or Cape Coral can help guide you through this process as well as ensure that your rights are properly represented during each point of this procedure.
Reach Out to Family First Legal Group Today
Our Naples divorce modification attorneys can help you prepare and file a petition with the court for a modification to your divorce decree, or we can help you defend against it. Regardless of your situation, we are committed to aggressively fighting to protect your rights and obtaining the outcome that you deserve.
For assistance with the modification of your court orders in Collier County or Lee County, call our lawyers in Naples and Cape Coral at (239) 319-4441. We look forward to discussing your case with you.