Hi! My husband is trying to modify custody from an 80/20 split to 50/50 now that he has a stable day job. We’re getting mixed answers about the process. He agreed to the 80/20 schedule when they divorced 9 years ago because he was working evenings/nights and didn’t have a lawyer then. He’s always been active in his child’s life and has wanted more time with her.
He’s now working a flexible job and can afford a good lawyer. The problem is, one law firm said it would be no issue to modify, while another said he wouldn’t have a case and that she could file a motion to dismiss as soon as he files. I’ve seen online that a change in work hours could justify a schedule change, but I’ve also read that we’d need to prove she’s unfit, which I don’t believe is true. Are we supposed to just wait until our daughter (10) is old enough to decide for herself?
Changing custody arrangements can be complicated. In Florida, a substantial change in circumstances is generally required to modify custody. If your husband can demonstrate that his new job provides a stable environment and he’s been actively involved in her life, he may have grounds for a modification. However, it’s crucial to have a competent family law attorney who can guide him through the process.
It sounds like your husband has made positive changes in his life that could justify a modification. If the other parent is not unfit or abusive, it might be more challenging, but not impossible. Keep searching for a knowledgeable family law attorney who can advise you based on the specifics of your situation.
Don’t get discouraged! It’s common to hear conflicting advice from law firms. If he has been active in her life and can show that he wants to provide a better environment, that can help his case. Document everything and be persistent.
If the ex has refused to change before, that can work in your favor now that circumstances have changed. Courts often consider the best interests of the child, and if he can demonstrate that a 50/50 arrangement is beneficial, it might be worth pursuing.
You’re right to seek legal advice! If you can provide evidence of his involvement and the benefits of a 50/50 arrangement, that could strengthen your case. Don’t give up—sometimes it takes persistence to achieve what’s best for your child.