Stability is paramount – both on the court and in the child’s life.
Custody orders in Florida are designed to give children stability and permanence after a separation or divorce. However, circumstances can change, and sometimes those changes are significant enough to warrant a review of custody arrangements. Under Florida law, courts may consider modifying a parenting plan when a parent can prove a substantial and material change in circumstances. The same concept often applies when one parent tries to move. This article explains how courts interpret this standard when modification is appropriate, and how relocation under Florida custody law can trigger similar scrutiny.
Understanding Custody Modification in Florida
Florida Statute §61.13 governs the creation and modification of parenting plans. This law reflects a strong public policy favoring the stability of children. Courts will not change an existing custody order simply because one parent believes a different arrangement would be better.
Under the statute and relevant case law, to justify a modification, a parent must meet a two-part test:
- There must be a substantial and material change in circumstances since the last custody order. And
- This modification must serve the best interests of the child.
Parents requesting a modification bear the burden of proof, meaning they must present convincing evidence that both elements are met. Judges are careful when modifying custody to avoid disrupting a child’s sense of security and continuity.
What counts as a substantial change?
Not every life event qualifies as “substantial.” Courts look for circumstances that are significant, lasting and unforeseeable at the time the advance order is entered. The change must be severe enough to affect the child’s welfare or the parent’s ability to provide for the child’s needs.
Examples of those who may qualify include:
- Persistent substance abuse or criminal behavior by parents
- Serious or ongoing mental health or medical problems
- Frequent interference with parenting time or co-parenting responsibilities
- Evidence of neglect, domestic violence, or endangerment
- Significant changes in the child’s needs, health or education
Conditions that generally do not qualify include:
- Parents’ remarriage or new relationship
- Temporary financial or employment fluctuations
- Routine parenting disagreements or isolated conflicts
Courts also look for patterns of conduct rather than isolated incidents. A temporary argument or short-term issue rarely meets the statutory threshold for amendment.
When relocation triggers a custody modification
Florida Statute §61.13001 defines relocation as a move 50 miles or more from the current residence for at least 60 days. Relocation is not automatically considered a modification, but it often acts like one because it can significantly alter timeshare schedules.
A parent wishing to transfer must:
- Provide written notice to the other parent
- Obtain written consent or file a petition with the court if the other parent objects
- Allow the court to assess factors such as:
- Its effect on the distance of the move and its time contribution
- Child’s age, needs and educational opportunities
- Feasibility of maintaining relationships with parents of instability
Courts weigh whether the move is in the best interests of the child and whether the move is a substantial change in the parenting plan to warrant an adjustment.
Key Differences Between Modification and Migration Cases
Although both types of cases can change custody arrangements, they focus on different aspects of the change.
- Amendment matters Center for shifts in conditions affecting parental fitness or child well-being.
- Migration matters Focus on the practical and emotional effects of distance and how it can disrupt parent-child relationships.
- Relocation applications Advance court approval is usually required, while modifications often respond to changes that have already occurred.
Both types of cases demand detailed evidence and strict compliance with Florida’s procedural requirements.
Proving Substantial Change: Evidence and Practical Points
Since the burden of proof is high, evidence is important. Parents should be prepared to provide documentation that supports their claims, such as:
- School or medical records Showing changes in the child’s behavior or needs
- Police reports or witness statements Documentation of abuse, neglect, or ongoing conflict
- Communication logs Demonstrating interference with parenting time
- financial or employment records, If stability or resources have changed
Even when parents act in good faith, self-filing initiatives often fail due to technical or obvious deficiencies. Legal representation can help ensure compliance with court procedures and present a clear, well-supported case for modification or relocation involving child custody in Florida.
Stability and future security of the child
Florida’s “substantial change” requirement is designed to protect children from unnecessary disruption. Whether a parent seeks modification or relocation, the focus remains on maintaining the child’s best interests and stability. Before filing, parents should consult with a qualified family law attorney to assess whether their situation meets the legal criteria and to assist in preparing the necessary documents and arguments.
Stability is paramount – both on the court and in the child’s life.
