Do I need a lawyer to modify a child custody arrangement in Florida?
There is no requirement to hire an attorney to represent you at a Florida child custody hearing, but you may want to hire an attorney because it may be in your best interest to do so. Though you have the option to represent yourself, a Miami child custody attorney deals with cases like yours on a daily basis and will be able to attempt to get your Florida time-sharing arrangement modified. In Florida, if the Court has entered a Final Judgment regarding child custody, and a party seeks changes to the time-sharing decision agreement, that party must file a Petition for Modification. In its original child custody determinations, based upon what if found to be in the best interest of the child. This means that in order to prevail in a modification action, the party seeking modification has the “extraordinary burden” of proving a “substantial change in circumstances” occurred since the previous Final Judgment that warrants modification.Florida courts have defined a substantial change in circumstances to be one that is substantial, material, unanticipated at the time of the Final Judgment, and permanent in nature. The individual seeking modification must prove all these elements, something which is far from easy, in order for the Court to modify the order. Hiring an experienced Miami child custody attorney is your best chance at having your Florida time-sharing arrangement modified because they attempt to gather evidence a judge may see as sufficient to warrant a modification.
If you are seeking to modify your Florida child custody payments and would like to be represented by an experienced Miami child custody attorney, contact Vari & Associates. Consultations are available in Miami and at several meeting locations throughout Dade and Broward Counties including Lincoln Road in Miami Beach, West Country Club Drive in Aventura, Hollywood Boulevard in Hollywood and in the Homestead area. Appointments are also available by telephone and via Skype internet video chat. Telephone our office at (305) 222-7351 or send us an email to schedule a consultation.
When scheduling a consultation, please inform the secretary if there are any pending hearings, deadlines for filing an appeal, or other reason why you may need an immediate appointment. We will do our very best to accommodate your schedule in setting an appointment.
The statements in this section are based on Florida law and have been issued to inform and not advise. The statements are general in nature and individual facts in a given case may alter their application or involve other laws not referred to here.