How To Prepare for a Child Custody Modification Hearing

 Posted on April 11, 2025 in Child Custody

Child custody orders – known in Florida as "parenting plans" – are expected to remain in place for an extended period, but the court acknowledges that circumstances can change for parents and children. When this happens, one or both parents can file a petition to modify the custody agreement, whether the modification is of decision-making authority or time-sharing.

The next step will be to prepare for the hearing, starting with understanding what the court deems reasonable grounds for custody modification. Before you step into the courtroom, consider working with our experienced Florida child custody attorneys to determine the best course of action and better your chances of a favorable outcome.

Understanding the Grounds for Child Custody Modification

Under Florida law, you can typically modify a custody order if you can prove a substantial change has occurred. The court is often very particular about what constitutes a change large enough to affect the child’s best interests. For example, a parent’s relocation, remarriage, or incarceration could justify a change in custody. If your child’s needs significantly changed, the court will likely want to hear your claim.

However, the judge will rarely grant a custody modification for complaints about a parent failing to follow the original order perfectly. They will likely address the bad behavior, but issuing a new custody order is rare. The same can be said about income disparity. One parent making more money than the other is not typically grounds for modifying custody in Florida.

Evidence in a Child Custody Modification Hearing

Both parents will have the opportunity to present evidence in support of their arguments. This will vary from case to case but may include:

• Medical records to show a change in the child or a parent’s medical needs

• School records to indicate that the current custody order negatively impacts the child’s academic performance

• Photographs or videos of living conditions if you believe the other parent’s home is not suitable for the child

One benefit of hiring an attorney to represent your interests in a custody modification case is that they will present the evidence for you, guide you through testimony, and make the necessary motions.

Can You Bring Witnesses to a Custody Change Hearing? 

Witnesses can offer strong support for your claims and may include your family members, such as the child’s grandparents, aunts, or uncles. A member of the other parent’s family can testify on your behalf if they have information that could help you. Doctors and nurses make excellent witnesses in cases involving abuse or neglect with medical evidence to support it. Babysitters, therapists, your child’s friend, and parents of your child’s friends could all potentially testify on your behalf. The type of witnesses you need will depend on the argument you are presenting.

Schedule a Consultation With One of Our Miami, FL Child Custody Attorneys

At Miami Family Law Group, PLLC, we focus on helping families solve problems and protect their children’s best interests. Custody cases can be challenging, particularly when parents cannot agree. When you work with our Florida child custody lawyers, we can alleviate some of the burdens associated with making these difficult decisions for your child. Having a knowledgeable legal guide through the process can be invaluable. Call 305-520-7874 to schedule a consultation.