Parenting plans provide the framework for parenting after divorce. These documents outline the responsibilities and rights of each parent regarding their child(ren). However, as life circumstances change, sometimes the initial agreement no longer serves the best interests of the child. There are times when the changes to life’s circumstances are enough to warrant a modification of the parenting plan.
When can I modify a parenting plan?
Under Florida law, a parents can consider modification of a parenting plan if there is a substantial change in circumstances and the proposed changes are in the best interests of the child. Examples of changes that might meet these criteria include the relocation of a parent, changes in the child’s health or needs or significant changes in a parent’s lifestyle or stability.
Parents who find themselves in this situation are wise to gather evidence and prepare to demonstrate how these changes impact the child’s well-being.
How do I modify a parenting plan?
The process of modifying a parenting plan in Florida involves several steps. These often include:
- Filing a petition: The parent who wishes to make changes to the parenting plan must file a Supplemental Petition for Modification of Parenting Plan/Time-Sharing Schedule and Other Relief with the court that issued the original order.
- Providing notice: The filing parent must then serve the other parent with the petition and allow the served parent an opportunity to respond.
- Attending mediation: Before the hearing, the court may require parents to attend mediation to try to resolve their differences amicably.
- Court hearing: If parents cannot agree on modifications, the case will proceed to a hearing where both can present evidence and arguments. The judge will decide based on the child’s best interests.
Modifying a parenting plan is a significant legal action that should not be taken lightly. Parents are wise to review any potential changes to better ensure the modification serves the best interests of the child.
Navigating the modification of a parenting plan in Florida requires a thorough understanding of legal procedures and a careful assessment of the child’s needs. Remember, the court’s primary concern is the welfare and stability of the children.