A parenting plan is meant to provide clarity for parents who have been split apart about how they will raise the child. The parenting plan includes details such as where the child will stay and how many hours the child is supposed to spend with each parent.
However, things might change following the parenting plan. A parent may move to another city. A child’s needs may change. A parent’s work schedule may also become different.
Parents may file an order to modify a parenting plan in Florida for proper cause. The courts prefer to be sure that modification is in the best interest of the child.
Parents can’t modify an approved parenting plan simply because they would like a new schedule. There must be a good reason to modify the plan. In Florida, a substantial and material change in circumstances is normally required. The change must have been unforeseen when the initial plan was implemented.
Some typical circumstances where modification of a parenting plan will be sought include:
- A parent moves to another city or state.
- The child has new medical or educational needs.
- A parent is no longer following the existing plan.
- A parent has experienced a major change in personal circumstances.
A small disagreement between parents may not be enough for the court to approve a modification.
What Does the Court Consider?
The main concern of a Florida family court is the child’s best interests. The court does not simply choose the plan that one parent prefers. Instead, the court may consider several factors. These can include:
- The child’s relationship with both parents.
- Each parent’s ability to provide a stable home.
- The child’s school and community.
- The child’s physical and emotional needs.
- Each parent’s ability to communicate with the other parent.
- Whether each parent supports the child’s relationship with the other parent.
- Any history of abuse or neglect.
- Each parent’s ability to follow the parenting plan.
- The child’s preference in some situations.
The court could also consider why the modification is required. The idea is to reach an agreement that will help the child, with both parents able to take part.
Can Parents Agree to Modify the Plan?
Parents don’t always need to litigate in court. When the parents agree to modify a parenting plan in Florida, they can create a new one. They can agree on matters such as:
- A new visitation schedule
- Changes to holidays
- School transportation
- Communication between the child and each parent.
An informal agreement may not be sufficient when the court has already approved a parenting plan. Parents should take the proper legal steps to have the new agreement approved by the court. This helps make the new arrangement legally enforceable.
How to Modify a Parenting Plan in Florida
The process can vary depending on the facts of the case. However, there are several common steps.
Step 1. Review the Existing Parenting Plan
Begin by analyzing the existing plan and the problematic terms contained in the agreement. Determine what changes are needed and what motivates them. This may help you determine whether revising the plan is necessary.
Step 2. Identify the Changes in Circumstances
You should specify what has changed since the original plan was approved. The change should be meaningful. It should also affect the child’s needs or the way the existing plan works.
Step 3. Try to Reach an Agreement
Try to discuss the proposed changes with the other parent. An agreement can save time and reduce conflict. But do not rely only on a verbal agreement when the existing parenting plan is a court order.
Step 4. File the Appropriate Request With the Court
If an agreement cannot be reached, then a parent may need to file a request for modification. The required documents can depend on the case and the type of change being requested.
Step 5. Attend Any Required Hearings
If the other parent objects, then the court may schedule a hearing. Both sides may have an opportunity to present evidence and explain their position. The judge will then decide whether the requested modification should be granted.
Do You Need a Parenting Plan Modification Lawyer?
You can take legal action without an attorney in some situations. But family law matters can become complicated quickly.
A parenting plan modification lawyer can help you understand the legal requirements. They can also help you prepare the necessary documents and present your case.
Legal help may be especially useful when:
- The other parent strongly objects.
- There are allegations of abuse or neglect.
- One parent wants to relocate.
- The parents have repeated disputes.
- The current plan is not being followed.
- The case involves complicated family circumstances.
Can Anyone Change a Parenting Plan After Divorce?
Divorce does not imply that a parenting plan cannot be altered. Circumstances of a family can change over time. Children also grow and develop new needs. This is why Florida law allows parents to seek changes when the legal requirements are met.
If you want to change the parenting plan after divorce, then you should focus on the reason for the requested change. You should also be ready to explain how the new arrangement will benefit your child.
A parent may also have a new work schedule. A new schooling location could influence your mode of transportation. This could also call for a new parenting plan evaluation.
What Should You Avoid During a Modification Case?
A parenting plan modification can be an emotional experience. Do not make any sudden decisions out of anger. You should also avoid:
- Ignoring the existing court order.
- Keeping the child from the other parent without a legal reason.
- Making major schedule changes without proper approval.
- Using the child to communicate with the other parent.
- Making unsupported accusations.
- Posting damaging statements about the other parent online.
- Ignoring court deadlines.
Keep records of important communication and events. Save documents that may support your position. Clear records can be useful if the matter goes before a judge.
Get Help With Your Parenting Plan Modification in Florida
If your family circumstances have changed, then you may have questions about your legal rights and the next steps.
The attorneys at Coleman Law Group can help you understand the parenting plan modification process in Florida. They can review your situation and explain what options may be available.
Whether you want to modify a parenting plan in Florida or need help with changing a parenting plan after divorce, getting legal guidance can help you move forward with greater clarity.
Contact Coleman Law Group today at 727-214-0400 or aheartforpeople@clgfl.com to discuss your parenting plan concerns and learn how an experienced family law attorney can help with your case.
