Modification of Parenting Plan
When parents divorce and they share children under the age of 18, the court puts a parenting plan in place to outline each parent’s responsibilities. This plan explains daily care duties, decision making authority, and how parents handle schooling, travel, and medical care. In some cases, a paternity lawyer in South Florida may be needed to establish parental rights and responsibilities before a final parenting plan is issued.
The original parenting plan the court issues with a divorce ruling explains the essential details of a co-parenting and child custody arrangement. The terms of a parenting agreement may address (but are not limited to):
- Division of responsibility between the two parents for childcare responsibilities
- Who is authorized to make major life decisions on behalf of a child
- Time-share planning and setting out schedules for parenting time (also called visitation)
- Communication between the parent and child, including what methods and technologies the parent will use to stay in touch
- Communication between co-parents, including when they will touch base with one another and by what method(s) of technology or in-person interaction
- How holidays and special occasions will be navigated
- Other important details concerning the collaborative care of a child
Sometimes, after a divorce is final, an adjustment in circumstances or a child’s needs results in a desire to modify the original terms of the parenting plan. When parents do not agree on those changes, the requesting parent must file a supplemental petition for modification of parenting plan Florida and meet specific legal requirements before the court will approve a unilateral modification.
Florida Modification of Parenting Plan Attorney
If you are interested in modifying a parenting plan, Bacchus Law Firm is here for you. We understand that your relationship with your children matters most, and we focus on solutions that support their best interests. Our experienced family law attorneys guide you through each step of the process, including preparing and filing a motion to modify parenting plan Florida, while ensuring all legal requirements are met.
Our offices are centrally located at 401 E. Las Olas Blvd. in Ft. Lauderdale, FL, just minutes from the Broward County Central Courthouse.
Information Center
- Requirements: Modifying A Parenting Plan
- Defining ‘Substantial Change In Circumstances’
- Best Interests Of The Child
- The Process Of Modifying A Parenting Plan
- Petition To Modify a Parenting Plan
- Hearing Or Trial
- Additional Resources
Requirements: Modifying A Parenting Plan
The courts do not want to be overwhelmed with requests for changes every time parents disagree about parenting. Nor do they want to be petitioned repeatedly by one parent who is unhappy with the original plan and essentially wants a “do-over” so that they can make changes to the original parenting plan terms. Instead, the court requires clear and legitimate reasons to modify parenting plan Florida, supported by evidence. As a result, the law states that the requirement of a “substantial, material, and unforeseen change” of circumstances must be met before a court will consider a petition for unilateral modification of a parenting plan.
If timesharing issues are involved, working with a timeshare lawyer in South Florida can help ensure that any proposed changes align with the child’s best interests and the parents’ rights.
As a result, the law states that the requirement of a “substantial, material, and unforeseen change” of circumstances must be met before a court will consider a petition for unilateral modification of a parenting plan. To unilaterally modify the existing terms of a parenting plan, a parent must show that there has been a major change in circumstances that substantiate a genuine need for modification.
Defining ‘Substantial Change In Circumstances’
The law in Florida indicates that courts will only grant a unilateral or contested petition for a parenting plan modification if a parent can show a “substantial, material, and unforeseen change in circumstances” has occurred since the original plan was enacted. A parenting plan modifications attorney can help you understand whether your situation qualifies for such a modification and guide you through the process.
A change is generally considered to be substantial when it results in a permanent new situation or one that will both last for a significant amount of time and will have a significant impact on both parents’ relationship with their child. For example, if a parent’s ability to care for the child has changed due to health reasons, this may justify a supplemental petition for modification of parenting plan Florida.
A change is considered to be unforeseen when it results from circumstances that were not known at the time the original plan was created and when it was made permanent in the divorce ruling. Meaning, for example, a parent can’t have been planning an out-of-state job change during a divorce proceeding, only to petition the court a few months later, indicating that they didn’t know they’d need a parenting plan to accommodate a major move. However, significant changes like a parent’s incarceration or health issues may warrant a modification of custody order Florida to reflect the new caregiving reality.
Some examples of substantial changes include cases wherein one parent has been sentenced to a term of incarceration, a parent is dealing with an unexpected illness, or there has been some other dramatic life change that has an impact on how one or both parents are now rendered newly able or unable to care for their child. Similarly, if a child’s needs shift dramatically, perhaps due to a traumatic injury or serious illness, their evolved needs may provoke a solid reason to request a modification of parenting plan terms.
Best Interests Of The Child
There are virtually unlimited reasons why a parent may want to modify a parenting plan, but the court’s decision to approve a unilateral modification request or not will always come down to what is in the child’s best interests. If you’re facing such a situation, consulting a parenting plan modifications attorney can help ensure that your request is properly framed and aligned with Florida law.
In all cases, the court will be most concerned about whether the best interests of the child are properly reflected in the parenting plan. It will also assess the reality of how the two parents together, or one of the parents primarily, can or can’t properly provide for the child’s needs. Generally, a parent must show that the original plan is not enabling the child to have a stable, healthy, happy, adjusted, and/or safe life or that new circumstances will have a negative impact on the child’s life. Similarly, an alimony support lawyer in South Florida can assist in cases where financial support impacts the ability to care for the child and may be a factor in the modification request.
The non-petitioning parent may disagree and can explain why they believe that a change in the parenting plan isn’t needed or will do more harm than good. In cases of a dispute over the modification, the court will hold a hearing or a trial to listen to both sides explain why they think a modification is or isn’t needed and decide based on the court’s understanding of which position accurately reflects the child’s best interests.
The Process Of Modifying A Parenting Plan
A detailed process must be followed before the court grants approval of a modification request concerning a parenting plan. It’s a good idea to consult with an experienced child support attorney in South Florida or a modification of parenting plan Orlando expert to ensure that you’re following all the steps mandated by the court and that your position clearly reflects your child’s best interests. Investing in legal counsel will place you in the best possible position for success.
In cases where parents have achieved a healthy approach to communication and they can agree that a modification to their parenting plan is the best thing for their child, it’s possible to reach an agreement without court intervention. A judge still needs to sign off on any formal modifications to an existing parenting plan, but this process can be quick and low-stress if both parents agree that a modification is warranted.
Petition To Modify a Parenting Plan
If the parents don’t agree to the proposed changes to the plan, then there are quite a few steps that will need to be followed to get the modification considered by the court. The first step involves completing a court form called a Supplemental Petition to Modify Parental Responsibility, Visitation, or Parenting Plan. This document must be correctly filled out and filed with the court along with any supporting documentation required. A parenting plan modifications lawyer can assist in ensuring the petition is filed accurately and in compliance with all legal requirements. Depending on the modification’s purpose, additional forms may need to be submitted. The original parenting plan must also be filed with the petition as a reference for the court.
If you need expert guidance throughout this process, contacting the best divorce attorney in South Florida will help ensure your case is presented effectively, safeguarding your rights and your child’s best interests.
Hearing Or Trial
Next, the court will schedule a hearing or trial to consider the request to modify the plan. If the parents agree on the modification, or if one parent chooses not to participate and must accept the court’s judgment by default, the hearing will be quick and routine, with the court approving what has been requested in most cases.
When a modification is disputed, and the parents disagree about the “substantial change in circumstances” or what is in the child’s best interests, the court will need to hold a more in-depth hearing to consider the proposed changes.
In court, the parent requesting the change can offer evidence and can even call witnesses to explain the change in circumstances that prompted the need for a modification. The other parent can respond with their own evidence and testimony. The court will consider both sides.
Eventually, the court will issue a ruling to grant or deny the request for modification. A ruling may be issued promptly or after time has passed. Sometimes, courts order that additional evidence should be gathered and presented before a ruling will be issued.
Additional Resources
Florida Courts Parenting Plan Forms – The state offers resources and forms that explain the basic requirements of parenting plans in Florida divorce cases that involve minor children. There are forms available for standard parenting plans, relocation or long-distance parenting plans, supervised and safety-focused parenting plans, supplemental petitions to modify parenting plans, and more. Parents can review the forms and instructions for detailed information on what is required of a parenting plan and the factors that they will need to consider in creating a court-approved plan or plan modification.
Pamphlet for Parents Concerning Divorce – A publication of the Florida State Bar Association, this simple educational guide provides information about the impact of divorce on children, the basics of parenting plans, and resources to help those who are considering divorce or going through the process already.
Florida Department of Revenue Parenting Time Plans – In cases involving court-ordered child support, standard parenting plans are made available that comply with Florida laws. These plans are suited for Florida families as long as the child resides in Florida, both parents also live in Florida, and neither parent is incarcerated or subject to a restraining order related to contact with their former intimate partner or their child.
Florida Modification of Parenting Plan Attorney | Broward County, FL
If you need help modifying a parenting plan, speak with an experienced family law attorney at Bacchus Law Firm today. We handle all aspects of Florida parenting plans by standing up for parents and the best interests of their children. Our legal team is prepared to answer any questions you may have.
Bacchus Law Firm serves clients in Miami, West Palm Beach, East Naples, and LaBelle, Florida.
Modifying a parenting plan becomes essential when a significant change in circumstances affects a child’s well-being or the ability of parents to meet their child’s needs. Adjustments may be necessary if there are shifts in timesharing, parental health, or financial situations. A parenting plan modifications lawyer can help ensure that the petition for change is properly filed. For example, if a parent faces an illness, incarceration, or a major life event, altering the parenting plan can ensure the child’s stability and safety.
Frequently Asked Questions
- 1. What is a parenting plan in Florida?
A parenting plan is a court approved document that explains how parents share responsibilities for their child after divorce. It covers timesharing schedules, decision-making authority, communication rules, and care responsibilities.
- When can I modify a parenting plan?
You can request a modification when a substantial, material, and unforeseen change in circumstances occurs. The change must affect the child or a parent’s ability to follow the current plan. - What counts as a substantial change in circumstances?
A substantial change includes events like serious illness, incarceration, major relocation, or a significant change in a child’s needs. Courts look for changes that last and clearly impact the child’s life. - Can parents modify a parenting plan by agreement?
Yes. Parents can agree to modify a parenting plan without conflict. A judge must still review and approve the updated plan before it becomes legally enforceable. - Do courts allow frequent changes to parenting plans?
No. Courts discourage repeated changes. Judges require strong evidence of a genuine need before they consider modifying an existing parenting plan.
