The end of a marriage creates upheaval in a family and even after the divorce is finalized issues can arise. One of the most common post-divorce issues families deal with relates to children.
There are two primary reasons why post-divorce issues related to children and custody and parenting time might arise:
- The initial decisions were made in the “heat of the moment” during the divorce when emotions were running high and don’t seem to be the best option now that things have cooled down
- Changes have occurred in the lives of either parent or in the life of the child and adjustments must be made to the legal arrangement to accommodate these changes
In either of these scenarios, it will be necessary to consult with an attorney and create a new arrangement that suits everyone in the family and is first and foremost in the best interest of the child.
What are Some Common Post-Divorce Issues Regarding Custody and Parenting Time?
Every family is different and each post-divorce scenario is different. There is no way to predict the future and most families find they need to roll with the punches as things come up. However, there are some common issues that arise and the majority of post-divorce issues related to children fall into one of the following categories:
- Child support payment adjustments
- Changes to parenting time amount or schedule
- Relocation out of state
- Changes to decision-making responsibility
There are also issues related to alimony and spousal support, or the distribution of property that might come up after a divorce is finalized, but issues related to children are more common because of the natural changes that occur in their lives over time.
The family court system also takes into consideration how lives constantly change and consider a variety of factors when making decisions in post-divorce issues, including a specific family’s financial situation, the economic climate in general, and the health and well-being of the children in the family.
In many cases, if parents are able to work out a new agreement on their own, the court will honor that arrangement as long as all parties agree. But even under the most amicable of circumstances, modification is a legal process that requires the guidance of an experienced attorney. Changing an arrangement post-divorce is more complicated than two former spouses just agreeing on something with a handshake.
Post-Divorce Issues that Must Be Addressed Legally
Child Support Modification
One of the goals of family court is to ensure that a child’s life remains consistent. However, it might be necessary to alter the child support arrangement because of circumstances beyond either parent’s control.
Parental Responsibility and Timesharing Modification
Both custody and day-to-day parenting arrangements can be modified in certain circumstances. However, if your wish is to be granted sole custody or to move toward 50 percent of parenting time, a custody determination process might be necessary.
Relocation of Either Parent
If a parent is no longer able to meet his or her obligations regarding a custody arrangement approved by family court due to geographical distance, a new arrangement must be created. Furthermore, the custody arrangement approved by the court might affect whether or not a parent is permitted to relocate out of state with a child.
Modification of Spousal Support
If a former spouse shows a change in financial circumstances, he or she might be able to request modification of the original alimony award.
An Attorney Helps You be Creative in Modifications to Your Divorce Agreement or Judgement
If you need assistance with making changes related to custody, parenting time, support, or any other issue addressed in your divorce agreement, my team and I can help.
Our primary legal focus is Florida Family Law, but Mr. Jentis also remains active in both the New Jersey and New York Bars which provide additional ideas how to make agreements that work well for your individual family. We have assisted clients with a variety of family law issues including post-divorce issues, and Mr. Jentis’ familiarity with laws regarding marriage and divorce in all three states provides everyone more options on how to arrive at something both parties can agree to.
For more information or to learn how you can move forward with your legal matter, please contact us at one of the numbers above to schedule a consultation. We provide in-depth consultations for a nominal fee that can help you understand your legal rights and to provide you with various options you may have to address your concerns.