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How to Modify Custody & Child Support in Florida When a Parent Abandons Their Child

Posted by LEISA WINTZ | Mar 09, 2025 | 0 Comments

In Florida family law, circumstances change. If your co-parent has abandoned your child, stopped following the court-ordered parenting plan, or is not providing adequate financial support, you have the legal right to request modifications.

At Family Matters Law Group, P.A., we know legal help can be expensive, especially for single parents managing everything alone. That's why we offer DIY legal assistance, legal coaching, limited representation, and flat-fee options—so there's help for almost any budget.

If you're in this situation, here's how you can modify custody, restrict overnight timesharing, and increase child support to better protect your child.

When Can You Modify Custody & Child Support in Florida?

To modify an existing parenting plan or child support order, Florida law requires proof of a substantial, material, and unanticipated change in circumstances since the last order.

If your co-parent has:

✔️ Abandoned their court-ordered timesharing for an extended period

✔️ Stopped all communication with your child

✔️ Failed to provide emotional or financial support

✔️ Lied about income to underpay child support

✔️ Created an environment that is harmful or unsafe for the child

Then you may qualify for a modification of custody and child support.

Legal Options to Protect Your Child

1. Request Sole Parental Responsibility (Decision-Making) 🏛️

If the other parent is not involved in the child's life, you can petition for sole parental responsibility—meaning you would have the final say in major decisions regarding:

🔹 Education 📚

🔹 Healthcare 🏥

🔹 Religion ⛪

🔹 Extracurricular activities 🎭

Courts generally favor shared decision-making, but if the other parent is neglecting their parental duties, you can argue that sole decision-making is in the child's best interest.

2. Modify Timesharing – No Overnights or Supervised Visits 🏠

If the other parent is:

❌ Unreliable or inconsistent with timesharing

❌ Emotionally damaging to the child

❌ Creating an unsafe or unstable environment

You can request modifications such as:

🔹 No Overnight Timesharing – If the child experiences anxiety, neglect, or instability due to overnights with the other parent.

🔹 Supervised Timesharing Only – If there are concerns about mental health, substance abuse, or neglect, you can request supervised visitation at a neutral facility or with a trusted third party.

Florida courts prioritize the best interests of the child over the parent's right to timesharing—especially if one parent isn't showing up.

3. Modify Child Support to Reflect Actual Income 💰

If the other parent makes more money but is paying too little in child support, you can:

✔️ Request a recalculation based on actual income & timesharing.

✔️ Provide evidence that they lied about their financial situation (e.g., forensic accounting, pay stubs, lifestyle evidence).

✔️ Ask the court to impute income if they are intentionally underreporting or avoiding financial responsibility.

Important: Florida child support calculations are based on actual timesharing exercised—not just what's written in the order! If the other parent is not using their time, child support should be recalculated to reflect that.

Legal Help That Fits Your Budget 💡

You don't need to spend thousands to protect your child. We offer cost-effective legal options:

✔️ DIY Legal Assistance – Step-by-step guidance to file on your own.

✔️ Legal Coaching – Get expert advice without hiring full representation.

✔️ Limited Representation – Pay only for the legal help you need.

✔️ Flat-Fee Legal Services – Know the cost upfront, no surprises!

🚀 We can help you get full custody, restrict timesharing, and increase child support.

📞 Call us today!

📧 954.904.1020

About the Author

LEISA WINTZ

Leisa Wintz originally began her career as a marriage and family therapist. Ms. Wintz went on to attend law school and started practicing family law in 2009. However, she quickly realized that many family law practices lacked the empathy and compassion she believed were necessary in order to achi...

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