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Areas of Practice
Custody / Visitation
Child Custody Modification
Contempt Hearings
Child Support
Child Support Modification
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Soler & Slack PA

Child Custody and Visitation Modification

One of the most important parts of a divorce is who gets the kids and what kind of visitation is in place. This will likely be the most contentious fight in the proceedings. It is important that all issues regarding child care are addressed in the final parenting plan adopted or ordered by the court. However, if issues arise after a court enters an order for a parenting plan, then it is possible to get that plan modified.

How can I modify my plan?

It is no small or easy task to have a parenting plan modified. Courts will generally uphold the original order unless a substantial and material change can be shown. Parents simply not getting along or fighting are not material changes. Modifications are generally granted only when the well-being of the child is being affected or one party is blatantly disregarding the parenting plan that is in place. The analysis of what constitutes a substantial and material change is very fact specific and is a unique analysis in each case.

If a material and substantial change can be shown, a judge will still consider what is in the best interest of the child to determine what, if any, modifications are necessary. Again, what is in the best interest of the child is a very fact-specific determination that must be made by that judge. Obviously if there is some aspect of a plan that is causing a detriment to the child, then it would be in the best interest of the child to modify that portion of the plan.

An important thing to keep in mind is that modifications will only be considered if the substantial change is something that happens after the entry of the original parenting plan or is not anticipated at the time the original plan was agreed to by the parties or decided by the judge. Raising old issues as grounds for a modification is not something a judge is going to entertain.

Let us help you

The attorneys at Soler & Slack, P.A. are experienced in helping parents who wish to have their parenting plans modified. Our attorneys will meet with you to discuss your case and try to flesh out all the issues that have occurred between you and the other parent and determine if a petition to modify would be appropriate in your case. For a free consultation, call (941)444-5128.

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