Modification of Parenting Plans in Florida
Parenting Plan
As time goes by and your child gets older, their needs and interests will change. With these new developments in their life come changes in their routine and schedule, which also impact parents. For example, pre-school age children will have a different schedule than school age children and time-sharing may have to be modified. Big changes can happen for the parent, too; you may get a new job that means different hours, responsibilities, and a different commute. Any significant job changes may affect the time you or your ex-spouse have available for your child. Less time for you could mean your co-parent may have to step in to help, while more time may allow you to be with your child.
One of the parents may even get a job that requires them to move, which would be considered a substantial change. This relocation could mean a different school district for the parent who has custody of the child over the school year. If relocation is anticipated the best interest of the children will be considered. It may be appropriate for child to remain at their current school, so as not to disrupt their schedules, activities, and take them away from friends and favorite teachers. In this case, both parents may agree to modify the parenting plan rather than have the court do it through litigation.
Because life forces us to change, grow, and adapt, parenting plans can be modified to suit new circumstances, especially if the old custody arrangement is no longer in the child’s best interest.
How to prepare for a parenting plan modification hearing
When the current parenting plan no longer works and needs to be amended to meet the best interests of the child, you and your co-parent should discuss and try to agree to the modifications before you file a new parenting plan with the court.
Once you have reached an agreement, draft a new parenting plan with the help of your attorneys. Each parent must sign the parenting plan in front of a notary or court clerk before it’s filed. At the final hearing if necessary, a judge will review the plan to determine if the current custody arrangements need to be modified.
A court will only agree to a modification of a parenting plan if the changes are “substantial, material, and unanticipated” and affect the best interests of the child. Florida legislature categorizes these changes under job change, family change, and removal of disability. Beyond a change in the child’s schedule or a parent moving, the following scenarios may warrant a parenting plan modification:
- The child’s physical safety and emotional wellbeing are in immediate danger.
- A parent remarries, and the new spouse is not a good role model (may be struggling with addiction or mental health issues).
- Parental alienation by one parent.
If you and your co-parent find it too challenging to create a new plan you both agree on, you may need to seek the help of a family counselor or attend custody mediation. You can also file a petition in court.
It is important to know your rights. If you would like to discuss the specifics of your custody case or need help with modifying your current parenting plan, call Debora A. Diaz ,Esquire at 727-846-1802.
Attorney Diaz is also a Supreme Court Certified Family Law Mediator and is also available to mediate your case.
Written by Debora A. Diaz, Esq.