modify mediation agreement

[staceydemmon]

my ex- husband has primiary residency over our three kids. but we have shared custody. however a year and a half ago he asked me to keep the kids over night and they have lived with me since. i have tried to modify our agreement to no prevail as soon as he learned i was geetiing married he does not want to agree on anything. so does anyone have any ideas what i can file or whatever to be able to keep my kids. i just want them to be dtable and safe. thankyou!

[Attorney Dawn Jackson]

In order to formally change your current arrangement, you would need to file a "Supplemental Petition to Modify parenting Plan / Time-Sharing Schedule" and have your ex served via process server or sheriff. The standard to modify a time-sharing schedule is very high and difficult to meet. You must be able to prove that there has been a substantial, material, and unanticipated change of circumstances and that the modification is in the best interests of your children. In your specific case, you need to document when the residential change took place and establish how it has been a stable schedule and environment for the children. Fla. Stat. � 61.13(3) lists the factors that the Court will evaluate in making a determination with regards to your modification action.