This is the first post in a series which will discuss changing child custody in Melbourne, Florida and elsewhere in Brevard County. I have decided to write on this topic due to the fact that there is often a misunderstanding as to what the Court will require to modify custody (which is referred to as “time share” in Florida). The goal of my coming articles is to provide information which will help parents to better understand their situation so that they may choose an appropriate child custody attorney. It cannot be stressed enough that you should contact a lawyer immediately if you wish to modify your time share.
I will be addressing a number of topics over my coming articles. Issues I will look at include:
- The requirements necessary for changing child custody
- The process of requesting a change or modification
- Conducting discovery in such matters
- Attending trial
- How to proceed after your case is completed
These are important topics for several reasons. First, many parents err by thinking they can modify custody by simply showing that they are the better parent. The fact of the matter is that the Court will not consider a modification unless circumstances have changed since your previous order. Second, it is important to understand that obtaining a modification can be a lengthy process. Third, discovery is crucial to that process as is knowing what to expect from trial. Finally, understanding how to proceed once your case is completed can help prevent you from having to return to Court.
Contacting a lawyer sooner rather than later is important to any request you may wish to file. This is because the Court will be more cynical of claims based on behavior which has gone on for years. For example, one may wish wish to change custody due to a claim that the other parent is not fit. If the conduct, which allegedly makes the other parent unfit, has gone on for years then the Court will ask why you did not come to Court sooner and the Judge will be more likely to dismiss your claims as exaggerated. By going to Court sooner you increase your chances of the Court finding your claims credible.
Contact my office today to speak with a Melbourne attorney regarding changing child custody. Our office also services clients in the Brevard County cities of Titusville, Cocoa, Palm Bay, Grant, Valkaria, and Rockledge, as well as in the Indian River County areas of Fellsmere, Sebastian, Vero Beach, Indian River Shores, and Orchid.