Legal Question in Family Law in Florida

Re: Modification of child custody

Hello: I read your questions, but cannot give specific answers without more info. and it would take a while to go over all of this. I can offer a little explanation.

My first question is what did the Final Judgment order as far as the visitiation and child support? If it does not reflect the actual visitaion and $ arrangement you two were using, you have no legal right to keep everything the same. You would need to file a Petition to Modify the Final Judgment. If the FJ does order exactly what you two have been using, the other party would have to file the Petition to Modify if they want things changed. Under Fla. law, the party moving for a modification has the burden of proof that there has been a substantial change in circumstances with the parties and/or the child and it would be in the best interests of the child for there to be a change. If he/she can't prove that to the court, his/her Petition for modification will be denied.

Like I said, there are several issues here that require full explanation of the facts of the case and time for a question and answer session. That way an atty. can explain the law on modifications, custody/visitation changes and child support calculations.

If my office can be of assistance, please give us a call. Good luck. Tom Rosenblum