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Without a change in the court-approved agreement, any denial of visitation rights by the custodial parent is illegal. Florida law views child visitation as a timesharing agreement. It is part of a shared parenting plan that is court-ordered and legally binding on both parents.
A determination of parental responsibility, a Parenting Plan and a time-sharing schedule may not be modified without a showing of a substantial, material, and unanticipated change in circumstances and a determination that the modification is in the best interests of the child(ren).
To change (modify) a Parenting Plan and Parental Responsibility, a parent must list how the childs circumstances have substantially changed and/or how changes in a parents circumstance have substantially impacted the child, and describe how making a change will be good for the child.
Given the focus on co-parenting, you may be wondering: how old does a child have to be to refuse visitation in Florida? In short, a child under the age of 18 cannot entirely refuse visitation in most circumstances, but the court can consider the childs preference in determining a time-sharing arrangement.
In Florida, a judge must approve a timesharing modification. The person seeking the modification files a petition in court. The judge then holds a hearing to decide whether there has been a substantial change in circumstances that warrants revisiting the parenting plan.
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In Florida, the courts have defined a substantial change in circumstances to be one that is docHub, material, involuntary, and permanent in nature. The situation could not have been known about or considered at the time that the divorce ruling was made.
What Does It Take to be a Substantial Change? In Florida, the courts have defined a substantial change in circumstances to be one that is docHub, material, involuntary, and permanent in nature. The situation could not have been known about or considered at the time that the divorce ruling was made.
You must file a Family Law Financial Affidavit, Florida Family Law Rules of Procedure Form 12.902(b) or (c), and the other parent will be required to do the same.
The judge can consider all relevant circumstances when determining custody. For instance, the judge can consider the childs relationship with both parents, any childs special needs, a history of domestic violence, and the childs preference.
A determination of parental responsibility, a Parenting Plan and a time-sharing schedule may not be modified without a showing of a substantial, material, and unanticipated change in circumstances and a determination that the modification is in the best interests of the child(ren).

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