Can custody arrangements be modified by the court if I can show that circumstances have changed since the original custody determination?
In order to change custody, particularly in courts in the Tampa and St. Petersburg area, it is necessary to show that there has been a substantial change in the circumstances that existed at the time of the original custody determination and that the child will suffer a detriment if custody is not changed. The law discourages attempts to alter custodial arrangements once they are set by agreement or court order. Therefore, the law requires the party seeking to change custody to meet an “extraordinary” burden of proof. The courts will not consider facts that existed prior to the original custody determination unless there was some concealment of those facts. Changes in custody are possible and should be considered when there has been a material change in circumstance and it clearly can be shown that the child’s well being is, or will be, adversely affected. However, changes such as remarriage, changes in lifestyle, and loss of a job, standing alone, generally will not justify a change.
