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Reasons to modify a custody order 

On Behalf of | May 15, 2025 | Family Law

A child custody order can be changed if circumstances have shifted. In Florida, either parent may request a modification when there has been a substantial, material and unexpected change. Courts will only approve changes if they serve the best interests of the child.

Here are some common reasons that may justify a custody modification.

One parent relocates

If a parent plans to move more than 50 miles away for at least 60 days, the court treats it as a relocation. The parent must either get consent from the other parent or seek court approval. If relocation affects the existing time-sharing schedule, the court may modify the order to reflect the new situation.

Changes in the child’s needs

Children’s needs often change as they grow. A child may develop medical or educational needs that the current custody plan no longer supports. For example, if one parent can better manage a child’s new therapy schedule or school routine, the court may revise the parenting plan to serve the child’s best interests.

Concerns about safety or stability

Courts will consider modifying custody if a child is no longer safe or stable under the current arrangement. This may include evidence of substance abuse, domestic violence, neglect or a parent’s mental health issues. Even if these problems arise after the original order, they can support a request for modification.

Ongoing refusal to follow the custody order

If one parent repeatedly refuses to follow the existing custody schedule without a valid reason, the court may view this as grounds for change. Consistent interference with the other parent’s time-sharing rights can affect the court’s decision.

Florida courts require clear evidence for any custody change. The focus is always on what serves the child’s well-being and long-term development. Before requesting a modification, it is important to seek legal guidance. 

 

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