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Reasons to modify timesharing agreement

Miami, FL |

My ex and I signed an agreement in mediation regarding timesharing. However, she doesn't really agree with it and states that she signed because she didn't have an attorney and I did. She wants to take me back to court because she doesn't agree with the "agreement". She has called DCF on me for neglect and abuse to my child and her, and substance abuse all of which has been unfounded. I don't feel I have done anything against the agreement but she gets pissed off if I don't do things the way she wants. She trys to accuse me of not feeding my child or giving medicine. I want to know what she needs to modify timesharing agreement when nothing has changed.

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Attorney answers 3

Posted

To modify the existing arrangement, she would need to prove to the court that there has been a substantial change in circumstances. If the court finds that there has not been one, the court would be unable to modify anything at that point.

Posted

Not only does she have to show a substantial and material change in circumstances since the entry of the Order approving the settlement, she has to show that her requested modification would be in the child's best interest. Generally, it is difficult for a parent to show that restricting the other parent's time sharing is in the child's best interest.

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Posted

The modification of a timesharing plan requires a showing of a substantial, material, and unanticipated change of circumstances and a determination that the modification is in the best interests of the child. While it is possible to satisfy this legal standard, a high evidentiary burden must be met. From the facts that you have presented, it appears that your ex has not met that burden.

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