Legal Question in Family Law in Florida

Re: child custody

The original deal is by far the most important deal, since changing the deal is very difficult once it's been signed.

In order to change a deal, you have to show that there has been a substantial, unexpected, and material change in circumstances that was unforseen at the time the orginal deal was made, and that changing the original deal is now in the best interest of the child. It's a pretty tough thing to do. It's irrelevant that the deal was made to hurry up the divorce. The appellate courts have said, "Everybody has a right to make a bad deal."

Re: child custody

Hello, I just read your question. While this deserves a lengthy discussion on the law and our procedures, I can only give an overview here. I understand wanting to get through a divorce quick and with the least amount of legal expenses as possible. I was in one myself.

Any party can seek to modify a Final Judgment after a divorce. But, there is a high standard of proof for the party seeking the modification. The law requires that person to prove there has been a substantial change in circumstances and it is in the best interests of the child for there to be a modification. You can modify custody, child support or alimony. With child custody, one may also be able to argue the present situation is causing detriment to the child (this would be part of the argument for substantial change).

In summary, it may be best to fight for sole or joint custody at the divorce rather than trying to modify later. In my case, I allowed the wife to have the label "primary residency" to get it over quickly and avoid a lot of legal fees. However, I demanded almost half of the month with the toddler age children or I was going to fight for custody. I also felt comfortable if I needed to file for a modification later, I have a good argument that it would be in the best interests of the children. Also, I can argue we practically have joint custody now.

'Hope this helps. If my office can be of any assistance to you in North Fla., please give us a call. Tom Rosenblum