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Parental Responsibility

How Do I Modify Parental Responsibility under Florida Law?

In Florida, the best interests of the child is the primary consideration for purposes of modifying parental responsibility. As with parenting plans and time-sharing schedules, a determination of parental responsibility may not be modified without a showing of a substantial, material, and unanticipated change in circumstances and a determination that the modification (i.e., either suspending or terminating shared parental responsibility and granting one parent sole parental responsibility or vice-versa) is in the best interests of the child. Determination of the best interests of the child shall be made by evaluating all relevant factors set forth in Florida Statute §61.13 (3).

If you believe that the child’s other parent is acting in a way that is detrimental to the best interests of the child, you should seek a modification of parental responsibility and should contact an experienced family law attorney to assist with preparing and filing the petition for modification of parental responsibility. Conversely, if you believe that your situation and behavior have changed such that you should now have shared parental responsibility, you should also contact an attorney to assist with preparing the petition.

As with parenting plans and time-sharing schedules, unless there is an emergency concerning the child, an evidentiary hearing will be set on the petition for modification of parental responsibility where both parents can present their witnesses to the judge. It is highly recommended that you retain an attorney to prepare for the hearing and represent you at the hearing to ensure that you have the authority to make meaningful decisions for your child and/or the child’s other parent does not have such decision-making authority.

If you believe you need to seek modification of parental responsibility or seek to modify your ex spouse or ex partner's parental responsibility, contact us.

Client Reviews
★★★★★
"Christy Hertz helped me tremendously with co-parenting issues concerning my daughter. She was fair, listened to me and gave me great advice. She was honest with me, and I have great respect for her because of it. Ultimately, my daughter's father recognized what he needed to do for our daughter's wellbeing. Thanks to Christy, he became much more cooperative, and his cooperation will help in my daughter's development now and for years to come. I'd say she is worth every penny." K. D.
★★★★★
"Christy’s polished demeanor is professional and highly effective. She ALWAYS has a plan and it's ALWAYS the correct one. In representing me from the divorce consultation to the final agreement, her practical, point-blank approach is a well appreciated one. If you are looking for the best attorney to help you achieve the best possible outcome, SHE IS IT!" Sarah
★★★★★
"This is a great firm. Christy and her colleagues represented us through a four year, highly complicated case. We were well represented throughout the whole process. The firm is professional, knowledgable, experienced, and highly effective. These are thorough, hard working attorneys who are competent in every aspect. Christy is quick on her feet, a wealth of knowledge, and an excellent litigator. No games here. Clients first and exceptional service. Look no further." Rob
★★★★★
"Katie made me feel comfortable and confident. She follows through and is very patient to answer any questions you may have. If you're feeling nervous she assures you everything will be ok because she will be there with you every step of the way. Katie is very detailed and available at all times. I will eternally be grateful for how she took care of my case. Thank you Katie!!!!" Ely
★★★★★
"Katie, Helped me with my modification for child support. Being in the military it is very complexed dealing with pay and state laws but Katie guided me the whole way and made the process seem easy. I highly recommend Katie she is very knowledgeable and I felt I could trust her to look for my best interest. Thank you Katie for your help!" Anonymous