Returning to Orlando After Time Spent Away: Can I Get Back Custody?

If you spent a few years living far away from Orlando or even the entire State of Florida, you might want to get custody back after returning home. Perhaps you are returning from military duty. Maybe you took a few years to “find yourself” after the divorce or breakup. Whatever the case may be, you have every right to spend more time with your children. How do you make it happen? Can a child custody lawyer in Orlando help?

Examples of Returning Home and Spending More Time With the Kids

A parent might petition for more parenting time after completing military service and returning back home to Orlando. If you find yourself in this situation, you might be excited to put your military career behind you and focus on family.

Alternatively, you might have moved away during or after the divorce or breakup. Perhaps you wanted to turn a new leaf and start fresh in a different state. You might have even relocated to a different nation altogether, such as Canada. Perhaps you tried to bring your children with you, but the family court felt it was better to keep them in a familiar environment. If you’re ready to return to Florida, you have the right to petition for more parenting time.

Can I Automatically Get More Parenting Time if I Return to Orlando?

You cannot automatically get more parenting time just because you returned home. However, you always have the right to visit with your child from time to time. Note that this is not the same as “physical custody,” which involves living with your children under the same roof. Visitation involves day trips or outings, such as visiting the movie theater or going for a hike.

You should be able to visit with your children relatively quickly after returning, but you need permission from the other parent. If the other parent is preventing you from seeing the kids, consider working with a custody lawyer to fight for your parental rights.

How Do I Get Shared Custody After Returning Home?

In order to get shared custody, you must file a petition to modify the custody order. The family court will only modify the existing custody order if you can demonstrate two things: First, you need to show that the circumstances have changed. Your return to Orlando should qualify as a “change in circumstance.” Secondly, you need to show that more parenting time would serve your kids’ best interests.

Can a Child Time Sharing Lawyer in Orlando Help Me?

A child time sharing lawyer in Orlando may be able to help if you want to modify your custody order after spending time away. Your children will likely benefit from spending time with you, and this is backed up by various psychological studies. At the very least, you have the right to visit with your child from time to time. Although the process may be gradual, you could eventually spend more time with your child and gain shared custody. Speak with Steve Marsee, P.A. for further legal guidance.

Sources:

 flcourts.gov/Services/Family-Courts/self-help-information

floridarevenue.com/childsupport/parenting_time_plans/Pages/default.aspx