Family Law Modifications Attorney in Pensacola, FL
Our Family Law Attorneys are Here to Help You
Legal agreements, such as divorce decrees, child custody orders, and child/spousal support orders, reflect the circumstances of the time at which they were made. Circumstances can and do change all the time, however, and many people find that they at some point need to request a modification of those terms. If you have found yourself in this situation, we invite you to call The Virga Law Firm, P.A. to discuss your case with a Pensacola modification attorney.
A skilled lawyer at our firm can help you determine whether you have grounds for requesting a modification, complete and submit the correct forms, and take care of all other legal details. We have decades of combined experience and a genuine passion for helping people resolve sensitive legal issues involving families.
Call us today at 800-822-5170 to schedule an affordable case review with a member of our team.
What is Modification?
In Florida family law, modifications refer to legal changes made to existing court orders or agreements, typically involving child custody, child support, alimony, or parenting plans. These modifications are requested when there has been a significant change in circumstances that justifies altering the original terms.
Common reasons for requesting a modification include:
- Change in income: If one party experiences a significant increase or decrease in income (e.g., job loss, new employment, promotion, demotion, etc.), it may warrant a modification of child support or alimony.
- Relocation: If a parent wishes to move a considerable distance, this could impact the child custody arrangement and require a modification.
- Change in child’s needs: If a child's needs change due to health, education, or other factors, the custody or support arrangement may need to be adjusted.
- Parental behavior: If one parent's behavior poses a risk to the child's well-being, a modification of custody or visitation rights may be necessary.
The Legal Process of Modifying a Court Order
The legal process for modifying a family court order in Florida involves the following steps:
- Identify a Substantial Change in Circumstances: To modify a court order, the requesting party must show a substantial, material, and unanticipated change in circumstances since the original order was issued. This could include changes like income shifts, relocation, or a child's evolving needs.
- Filing a Petition for Modification: The party seeking a modification files a Petition for Modification with the court that issued the original order. This petition outlines the changes requested and provides evidence of the significant change in circumstances.
- Serve the Petition on the Other Party: After filing, the petition must be formally served to the other party. This ensures they are properly notified and given an opportunity to respond.
- Response by the Other Party: The other party has the option to respond, either agreeing with or contesting the modification. If contested, the case may proceed to mediation or a court hearing.
- Mediation (Optional but Common): Before a hearing, the court often requires mediation, where both parties attempt to negotiate a resolution. If they reach an agreement, it can be submitted to the court for approval.
- Court Hearing: If mediation fails, a court hearing is scheduled, where both parties present evidence and arguments. The judge will evaluate whether the modification is justified based on the presented facts.
- Court Decision: The judge will issue a ruling either granting or denying the modification. If approved, a new court order will be issued reflecting the updated terms.
- Post-Modification Issues: Once modified, both parties must comply with the new order. Non-compliance can result in enforcement actions, such as contempt of court.
Contact Us Today to Discuss Your Case
The Virga Law Firm, P.A. is committed to the success of our clients and their families. If you need help with a family law modification, you can feel confident entrusting our firm with your case. We serve clients in Pensacola, Panama City, Fort Walton Beach, and the surrounding areas.
Contact us today to get started. We’re available 24/7 for your convenience.
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