Tampa, FL asked in Child Custody for Florida

Q: The custodial parent makes substantially less than the NCP, would the courts grant a custody modification to the NCP?

The support order was placed before the NCP got out of the military and the CP was granted custody due to the NCP being on active duty. The NCP would like to be the CP or have the CP move closer so that the children could have both parents in their lives as well as extensive family and better opportunites. The NCP owns his home and the CP is renting an apartment and is able to move closer, yet refuses. Custody modification was started when the eldest two children were sexually molested by the CP's fiance. Would the courts take into consideration the change in circumstances (ie: NCP no longer in the military, owns his own home, has better opportunites available for the children and makes at least 60k more than the CP a year) or would they just order an unreasonable (over one paycheck a month for support) to the CP that works as a receptionist but holds a BA?

Related Topics:
1 Lawyer Answer
  • Deltona, FL
  • Licensed in Florida

A: The court uses the factors outlined in Florida Statutes 61.13(3) in making this sort of decision. Consult with a local attorney or call for a free consultation.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.