Legal Question in Family Law in Florida

I live in Polk County Florida. I have a 10 year old daughter, 11 in September. She wants to spend more time with me. Anytime I try to do things with her things never seem to match up to the few days that I have her and her mother is unwilling to even trade days. I don't think it is fair that the mother is generally looked at as the primary parent when it comes to custody. My ex wife is single and has dated several different men since our divorce, and had introduced my daughter to them rather quickly. I am remarried and have a family lifestyle with a step brother whom is age 12 for my daughter.

I am being told that because of the divorce decree stating the timesharing schedule, that there has to be a "substantial change in circumstances" to get a court to award me more time with my daughter. Is this true? If so what is considered a "substantial change in circumstances"?

I am not a deadbeat father that is only trying to do something to get child support lowered. I am a professional. I am an independant insurance agent. I pay my support ($691 a month) religiously and I am never late.

I am just missing out on my daughters childhood because of the spite that her mother has towards me and it is not fair to my daughter. Any help would be greatly appreciated.


Asked on 7/23/13, 12:36 pm

2 Answers from Attorneys
Natalie Hall The Law Office of Natalie D. Hall, P.A.

I would suggest an in-person meeting with an attorney. A substantial change also needs to be material and unanticipated. It is generally open to interpretation but the Judge wants to see a change in circumstance that is significant, likely to be permanent and was unanticipated at the time of the divorce. The change you are seeking must also be in the best interest of the child.

If your lifestyle and hours have changed and depending on what time you currently have with her and what you are seeking as well as what her current needs are, you may have a case for more time-sharing.

I would strongly suggest a consultation with an attorney who can review the Final Judgment, the current Time-Sharing schedule and other specific facts of your case and give you more specific advice.

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Answered on 7/23/13, 1:34 pm
John Smitten Carey and Leisure

The burden of proof to have the court change the order is high. You cant just file papers under the theory of "lets take another look at my schedule".

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Answered on 7/24/13, 2:40 am


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