Is there a list of examples of what constitutes a " substantial change in circumstances " to modify a parenting plan ?

Asked almost 2 years ago - Fort Myers, FL

Is there certain case law that judges look at to determine whether a modification can be granted ? I am needing to modify my parenting plan with my ex - husband , but I wanted to read up on the requirements first to see if I have possibly met them . Some sample cases is what I'm looking for . Where can I find this at ? Thank You in advance for your time

Attorney answers (1)

  1. Eric J Trabin

    Contributor Level 19


    Lawyer agrees

    Answered . There isn't a pre-written list of what constitutes a substantial change in circumstances, though there are many, many cases exploring whether a particular issue represents a substantial change. Usually the lawyers will provide the judges with the relevant cases to support or rebut whether the facts constitute a substantial change in circumstances. Examples of possible substantial changes in circumstances would be a parent losing a job or getting a new job, coming down with a serious illness affecting their ability to parent, or anything that materially affects or justifies a change to the parenting plan. You should consult with an attorney and explain to him/her your particular circumstances for advice about whether it meets the criteria.

    This is not to be considered legal advice nor does an attorney-client relationship exist.

Related Topics

Child Custody

Child custody involves decisions about who will be responsible for a child, including parental rights, for both married and unmarried parents, and adoptions.

Modification of custody

The party seeking a modification of custody must show that conditions have substantially changed or that the other parent has failed to comply.

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