Legal Question in Family Law in Florida

Child Custody and Support

How do I modify my divorce agreement to have me as the primary residential parent?

My ex sees his kids once a month sometimes twice, he never helps me and I am not in the best financial situation but he is. I need help but our divorce papers say we have shared responsability and I can't get child support until I can get a mdification or a change in circumstance. Someone Please help!


Asked on 10/31/07, 11:22 am

2 Answers from Attorneys

David Slater David P. Slater, Esq.

Re: Child Custody and Support

If the financial situation for either of you has changed , you can seek support modification. You can also seek child support.

Read more
Answered on 10/31/07, 7:03 pm
Scott R. Jay Law Offices of Scott R. Jay

Re: Child Custody and Support

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

You will have to file a suit to modify the original court order custody in the family court in your county. You do need to show a substantial change in circumstances that would warrent a modification. This may include an upward or downward change in finances for either parent. If the father is not spending his alloted time with the children and thus you are actually paying for the majority of expenses, the court might entertain a motion to provide child support. Be sure you keep accurate records of visitation by the father and all expenses incurred by you for the benefit of the children. You would be well served by retaining an attorney to represent you in this action.

Scott R. Jay, Esq.

Read more
Answered on 11/01/07, 11:41 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Florida