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Factors Judges Use to Determine if a Parent is Unfit The safety, health, and welfare of the child. Evidence of a history of abuse or violence against the child, another child, the child's other parent, or another romantic partner. A parent's history of substance abuse, including drugs and alcohol.
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 parenting time and child support, you must convince the judge through appropriate evidence, that the best interests of the minor child(ren) requires the change. The judge usually will not make a change unless you can show that there is a substantial and continuing change of circumstances.
In Florida, the courts have defined a \u201csubstantial change in circumstances\u201d to be one that is significant, 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.
To be clear, there is no age at which a minor child can entirely refuse visitation if the court has determined that parents should both have custody, or time-sharing, with the child. Once the child turns 18, the child can refuse to see the other parent.
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The legal definition of an unfit parent is when the parent through their conduct fails to provide proper guidance, care, or support. Also, if there is abuse, neglect, or substance abuse issues, that parent will be deemed unfit.
To compensate for changes, Florida law allows parties to petition for the modification of custody. However, for a court to grant a modification of the time-sharing arrangement, the petitioning parent must provide evidence of a substantial, material, and unforseeable change in circumstances.
You must fill out and file these forms: Request to Change Child Support (Form PS-02) Child Support Obligation Income Statement/Affidavit (Form CS-41)...The clerk will: date-stamp all your forms, keep 2 copies, and. give you a date-stamped copy for your records.
Six months after a joint legal decision-making order is entered, a parent may petition the court for modification of the order based on the failure of the other parent to comply with the provisions of the order. A motion or petition to modify an order shall meet the requirements of this section.
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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