Florida family law judges typically prefer shared custody arrangements that give both parents plenty of time with their children. However, sometimes family circumstances lead to judges implementing arrangements where one parent has most or all of the parenting time. Occasionally, parents may reach such arrangements on their own when one parent is not capable of meeting the children’s needs.
A parent without time-sharing rights may go to great lengths to improve their circumstances so that they can be present for their children. They might work hard to redevelop their career, find a new place to live or even go to therapy. Once a parent has improved their circumstances, they may then want to go back to court to request a modification that grants them time-sharing rights.
When is a modification possible?
Sometimes, the other parent recognizes how one adult has worked hard to improve their situation. They may be able to cooperate to request an uncontested modification where they set new terms. If there is no such agreement, the parent without time-sharing may need to request a contested modification.
The Florida family courts may occasionally agree to revisit custody arrangements in scenarios where there have been significant changes in family circumstances. One parent making a concerted effort to improve their situation may meet that standard.
For example, if a parent can prove that they now have a steady stream of income or a safe place to live, a judge may agree with their claim that they can now handle time-sharing responsibilities. Those who may have had substance abuse disorders or a history of instability may have undergone counseling.
Parenting classes, medical treatments and other attempts to improve personal circumstances could convince a judge that a parent is now capable of meeting the children’s needs. Typically, parents need verifiable evidence of their efforts to improve themselves or their circumstances to convince a judge that a modification is necessary and that it might be in the best interests of their children.
The needs of the children rather than the desires of the parents are what guides decision-making related to custody modifications and time-sharing allocations. A parent who has worked hard to be eligible for time-sharing could request a modification of the existing time-sharing order to secure parenting time or increase how much parenting time they are entitled to at present.