Legal Question in Family Law in Florida
My kids see their dad every tues and every other weekend. This weekend my son came home saying his dad screamed at him and scared him so bad he wet his pants. Their father has a new girlfriend with kids and is treating his kids different now. Can i modify the agreement base on him being mean to just every other weekend?
5 Answers from Attorneys
One time is not enough if it becomes a pattern then yes.
You can try.
Doubt the father will agree to your interpretation. If this agreement is court ordered, you will need to prove your claim to a judge.
You didn't state how old your child is. Sometimes if the child is older you can have a guardian ad litem appointed to find out what is going on in that household. Does your papers provide that the children can be exposed to the others girlfriend etc. What about accommodations when the child visits overnight. There is a lot a questions you need to answer before pursuing a change of visitation. You can ask for supervised if it gets out of hand.
In order to change the time sharing you must show the court you have a substantial change in circumstances since the time of the final judgment what is involuntary, permanent (usually means one year or longer), and not contemplated at the time of the final judgment. This one incident is unlikely to meet that burden of proof