Modification of Child Time-Sharing/Visitation in West Palm Beach
Our West Palm Beach Divorce Lawyer Explains Time-Sharing Modifications
In many divorces and paternity cases involving children, a family court judge will award what is known as shared parental responsibility, which grants both parents the legal authority to make decisions about their children together. A judge can also grant sole parental responsibility, in which only one parent has the authority to make significant decisions about the child’s life. But what happens when one parent believes that a modification of the parenting plan is necessary? That parent can petition the court for a modification of the parenting plan and timesharing.
Under What Circumstances Will Judges Consider a Modification of Timesharing?
Family court judges always make decisions about parenting plans and timesharing based on what they believe is in the best interest of the child in a divorce or paternity case. So if a parent requests a modification of that agreement, they must prove that there has been a substantial change in the circumstances surrounding their child, and that the modification would be in the best interests of that child.
The most common circumstances that could require a modification of timesharing include:
- Physical/Sexual Abuse – If a parent can provide evidence that the other parent is physically or sexual abusing their child, or allowing another adult to do so, this could convince a judge to grant a modification.
- Drug and Alcohol Abuse – If the child is living with a parent who suffers from drug abuse or alcohol dependence, or is exposed to an adult who struggles with abuse, it could be grounds for a modification.
- Violations of Timesharing Schedule – If a parent with parental responsibility continuously violates the timesharing schedule, a judge would have to determine if the violation is intentional, or if it was done to protect the best interests of the child.
- Relocation – A parent with timesharing and parental responsibility has the right to relocate if he or she petitions the court and provides evidence that the move would benefit both the parent and the child. However, relocation to a place that is so far away that it would make it impossible for the other parent to be involved in the child’s life could convince a judge to block the move, or to change the timesharing agreement.
- Change In Parent’s Lifestyle – If a parent has significantly changed his or her lifestyle since the divorce, a judge may find it necessary to modify the timesharing agreement to keep a child safe. For example, a parent who joins a violent protest group that puts a child in danger could be subject to a modification of timesharing.
- Child Requests Change – In some cases, an older child who is mature and intelligent can tell the court that he or she prefers to live with the other parent. The child would have to provide a reason that convinces the judge that remaining in the current situation is not in the best interest of the child’s welfare.
What Our Clients Have to Say
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"You can too trust him!"I am using Eric for the second time, he saved this child the first time when she needed it the most. I know God’s will placed him in my life and when an incident came up again I didn’t hesitate to call Eric Cheshire. He is a Godly Man that gets at the truth to help in the best way he can with the will of God. I trust him with the most precious gift God gave me, you can too trust him.- Former Client
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"A true gentleman and professional!"As a woman of God, I would never have dreamt I needed Eric and his firm’s services. Fortunately, it was one of my better decisions. For his professionalism and kind heart made me feel that I was not in this alone. He was walking with me during the entire ordeal and I am very blessed to have a Christian man such as himself to guide me and explain everything to me. A true gentleman and professional! Thanks Eric!- Former Client
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"I am so thankful to have found someone who was so knowledgeable and considerate."As you might imagine this was a difficult time in my life. I am so thankful to have found someone who was so knowledgeable and considerate to help me through my divorce.- Former Client
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"Will hire him again if I ever need an attorney for my legal needs"I’ve used Eric Cheshire, PA over the years for my divorce and he handled it in an understanding but prompt manner. I’ve recommended him to other family and friends and they’ve been elated with his representation also. Will hire him again if I ever need an attorney for my legal needs.- Former Client
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"Great Service!"Great Service! He was kind, understanding and easy to work with.- Former Client
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"Eric fought for our family to be together."Very nice and helpful. Give my husband his legal rights as a father to be able to see his son. Eric fought for our family to be together and he always checked in with us to see how things were going. I couldn’t have asked for a better lawyer and family man. He loves his family and he loves his clients too.- Former Client
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"Very grateful!"Atty Cheshire reviewed the case carefully with my daughter and communicated with other lawyers in Missouri where she lives. We spoke with him to give other pertinent info and he kept us posted. He spent we suppose several hours on her case which helped prevent some financial pitfalls on her part. My daughter and us parents are very grateful for his foresight and timely advice. We highly recommend Atty Cheshire. (Reviewed from a potential client who consulted with Attorney Cheshire).- Former Client
Why You Need An Experienced Family Lawyer
Petitioning for a modification of timesharing is a complex process, and if you don’t present the proper evidence, you may end up losing your case. The Law Office of Eric C. Cheshire has handled numerous modifications, and we understand what is necessary to achieve success. Please call us today at (561) 677-8090 for a personal consultation.