Modify Custody Visitation | Lane And Associates

In order to modify custody there must be an unanticipated, substantial and material change in circumstances, it must be in the child’s best interests, and the trial court should consider the 61.13 factors. “It is well established that an order modifying child custody must be based on a determination that: (1) a substantial and material change in circumstances has occurred since the entry of the final judgment, (2) it is in the child’s best interest to modify custody, and (3) the change in circumstances was not reasonably contemplated when the trial court entered the original final judgment. See Wade v. Hirschman, 903 So. 2d 928, 931, n.2 (Fla. 2005). In making the modification, the court must also consider the factors in section 61.13(3).” Straney v. Floethe.