Child Custody Dispute in FL after child custody order granted by the court.

My ex and I came up with a custody agreement together that was part of our divorce and is part of our court order. My ex has now threatened to take me to court to get an increase in his visitation days (and probably a reduction in child support) if I do not permanently give him extra visitation days every month. He currently has visitation every other weekend. I have been very accommodating to his schedule and have given extra visitation days most of the time when requested. When we were first separated and my ex was busy dating, he wanted visitation very minimally. He needed his schedule changed frequently to meet his dating needs. Will the court grant him a hearing simply because he has decided he wants more time now that it is convenient for him?
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Answers (2)

Allison A Belcher

Allison A Belcher

Contributor Level 3
He can file a supplemental petition to modify the child custody arrangements. The courts will then have to determine the best interest for the child. It will depend on the reasons he is stating that the original agreement needs to be modified. However, if the courts feel it is in the best interest to modify it, then it can be modified. A modification can be done by either parent if there has been a change in circumstances.
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Alan James Brinkmeier

Alan James Brinkmeier

Contributor Level 10
An appeal to the court to increase the support can be done if income has declined or there is an argument to make about extenuating circumstances that you feel the court did not take into consideration. These may include custody of another child, school costs or financial hardships; if you have another child to support, the law allows for asking to modify child support. If you had become unemployed since the amount of his payments were calculated, the judge may say you can modify support.

Check with your own attorney to make sure your children's position is best represented.

Note: This post is for education only and does not create an attorney client relationship between the questioner and the out-of-state attorney. This website is not a substitute for legal advise by an attorney in your state. Seek one to confirm or check the observations made by the out-of-state attorney. The law changes and is different from jurisdiction to jurisdiction.
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