The child is growing up, and so will their needs. Something that used to be appropriate for a five-year-old child would not necessarily work on an adolescent who has grown older. The child may take part in school activities. They will require more training for sports activities. All these reasons can cause parents to wonder whether it is possible to modify the current parenting plan.
The answer is affirmative in Florida. Still, one parent cannot easily obtain court permission to modify the schedule as the child has grown up. Certain requirements must be met to change the parenting time plan.
This information is useful to understand when it is possible to modify a parenting plan.
How Age Can Affect Parenting Time
The Florida courts consider the best interests of the child in matters of time-sharing and parenting plans. The best interests of the child may differ substantially depending on the child’s age.
For instance:
- The small child might need extra attention and an established routine.
- The school-going child will have a busy schedule due to their studies. Plus, they enjoy being around other kids.
- The teen could be exercising and indulging in extracurricular activities during their holidays or vacation.
This does not imply that it is a ground for changing the parenting plan. Nevertheless, these circumstances may help the parents to justify the need to modify the parenting plan.
The court may evaluate the impact of the existing schedule on the child’s life. The court may take into account whether the parenting schedule modification may facilitate the child’s learning.
When Can Parenting Time Be Modified?
A Florida court generally does not modify a parenting plan based solely on a parent’s preference. The parent requesting a change usually needs to show that circumstances have changed significantly. The change must generally be substantial and material.
It must also be in the child’s best interests. A child’s increasing age can be part of this analysis. However, age alone may not be enough.
For example, a child who is now 14 may have a very different school schedule than when the original parenting plan was created. The child may also participate in activities that make the current schedule difficult to manage.
These circumstances may provide a reason to request a parenting time modification.
Other situations may include:
- A major change in the child’s school schedule.
- New extracurricular activities.
- A parent’s work schedule is changing.
- A parent moving to another area.
- Changes in the child’s medical or educational needs.
- Problems with the existing parenting plan.
- Changes that affect transportation between homes.
Do the Preferences of a Teenager Matter?
Children grow into adults and form their own opinions regarding the parent they wish to live with. In most situations, a child has no such rights. Yet in some cases, a child’s preference may be taken into account.
A child’s age and other circumstances may play a role for the court. It is crucial to note that parents should not put a child in a situation where they have to choose sides.
What is Child Custody Modification in Florida?
A request to change time-sharing may fall under child custody modification in Florida. Florida generally uses the terms time sharing and parenting plans when discussing these arrangements.
A parenting plan can address many issues:
- Where the child spends weekdays.
- Where the child spends weekends.
- Holiday schedules.
- School breaks.
- Transportation arrangements.
- Communication between the child and each parent.
- Decisions involving education and healthcare.
When circumstances change, a parent may seek a significant parenting time modification arrangement from the court. The proposed change should have a clear reason. Courts generally want to see how the change will benefit the child.
Common Changes in Parenting Schedules as Children Grow
Children may need different schedules at different stages of their childhood.
A younger child may have a schedule that allows frequent and consistent contact with both parents. As the child enters school, the schedule may need to account for school hours and homework. Teenagers may have even more responsibilities.
So, parenting time needs to be rescheduled to adjust to the growing child. following:
- Attend sports practices.
- Complete homework.
- Attend special events.
- Maintain a consistent school or college routine.
A modification can address these practical concerns when the legal requirements for modification are met.
Not every parenting schedule modification requires a long court dispute. Parents can sometimes reach an agreement about a new schedule. This can be a practical option when both parents are willing to cooperate.
An agreed modification should still be handled properly. If the existing parenting plan is part of a court order, then parents should not assume that an informal agreement automatically changes the court order.
A family law attorney can help ensure the new parenting arrangement is legally binding. An agreement on paper may also prevent future confusion.
What If the Other Parent Refuses to Agree?
At times, one parent wishes to alter the schedule, while the other does not agree. The parent who wants the change can seek it through the courts. The court will consider all the available information and decide whether the criteria have been satisfied.
The parent who is requesting the modification should be ready to answer:
- What has changed?
- When the change occurred.
- Why does the current schedule no longer work?
- How would the proposed schedule benefit the child?
- Why the requested change is reasonable.
Documentation can be helpful. This may include school schedules, activity calendars, work schedules, and other records that show why a change is needed. The parents’ focus should remain on facts and the child’s best interests.
Does the Child’s Age Automatically Modify the Parenting Plan?
Age alone is not grounds for an automatic modification of an established court-ordered parenting plan. The mere passage of time and a child’s subsequent growth may justify modification under Florida law.
The question here is not whether the child has grown older but whether there have been significant changes that justify a change in the current arrangement.
Consult With Coleman Law Group About Your Case
Children grow, and their needs change along with that. Parenting plans should adapt to those changes. But there are certain requirements under Florida law for amending an existing arrangement.
If you think your child’s age, the school calendar, extracurricular activities, and other factors necessitate a new schedule, you should start considering the available options.
At Coleman Law Group, we will help you explore your legal rights and the parent time modification process in detail. To learn how you can get legal help with your child custody modification issue in Florida, consult with a seasoned parenting plan lawyer at our law firm.
Get in touch with Coleman Law Group at 727-214-0400 or write to aheartforpeople@clgfl.com to discuss your case in detail.
