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How do you define a material change in circumstance in custody arrangement

I'm confused. I'm trying to find out exactly what this means: "a material change in circumstance" because I want to see about changing my daughter's custody. I think she should be with me, but I don't know what that material change in circumstance means, and nobody will tell me. I asked the clerk of court, and she said that I had to get an attorney. I don't have money for an attorney. Isn't there just a definition for that? Thank you.

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How do you define a material change in circumstance in custody arrangement

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Substantial Change
by: FALDP Staff

At first it seems that defining "a material change in circumstance" is easy. It seems like we should know automatically what that means, but we don't. We can't know without finding out how the court defines that phrase.

We are not attorneys and do not provide legal advice. We provide information and hope that you will use the information we provide as a starting point for your continuing research.

Please go the following page on our site to find a discussion of the definition of material change in custody cases:

http://www.faldp.org/Child-Custody.html

From that page:

In Florida law, ... there are specific circumstances which must exist in order to modify child custody. There is a bias toward upholding the original custody order and it is not to be modified unless these specific factors are present. First, the basis for modification of child custody must be due to a substantial change in circumstances that was unforeseen at the time of the original order. Second the change in circumstances must be material, and substantial. The movant is held to an extraordinary burden of proof supporting his claims of the change in circumstances. Third, only after the extraordinary burden of proof, that there has been a substantial and material change in circumstances, has been met, may the court decide whether a custody modification is in the best interests of the child. Absent a finding that the change in circumstances has in fact been substantial and material, a modification of custody is not warranted.

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