Modifying a parenting plan is one of the most frequent legal issues that arises after divorce.
A parenting plan is a legally required form in Florida that details every facet of a child’s timesharing arrangement, including parental responsibility, holiday schedules, and all other important decisions concerning the child’s well-being.
If the parenting plan is established early in a child’s life, it is natural to assume that some point major life changes will occur requiring an amendment to the terms of the original parenting plan.
When are Modifications Allowed?
Florida law does not allow a change in child custody arrangements based on simple dissatisfaction with the arrangement or because of disagreements that may arise between the parents. The laws surrounding modifications are established so that the best interest of the child is served as set forth below, including that of stability.
As a result, anyone seeking a modification or other long-term change to their child custody arrangements is required to demonstrate that a substantial and unanticipated change in circumstances has happened since the entry of their final parenting plan.
What is Considered a Substantial Change?
A substantial change in circumstances is in large measure up to the judge, absent a parental agreement. Accident, illness, a parental move, or addiction are all situations that may be considered the required substantial change of circumstances to permit a modification of the Parenting Plan.
If a child faces obvious risks from situations like a parent driving under the influence while the child is in the vehicle, or cases of possible neglect in which an under-aged child has been left alone for long periods of time, the child may be in immediate danger of abuse, abandonment, or neglect, and Department of Children and Famlies (DCF) may become involved.
How are Modifications Obtained?
The simplest way to obtain a modification to a parenting plan comes when both parents are in agreement that a modification is needed. If a modification is uncontested, the parents’ attorneys can draft a new parenting agreement which would then need to be approved by the courts. If there is not an agreement, the parent seeking the change must file and serve a Petition for Modification of the Parenting Plan upon the other parent.
Need a Modification?
If you need to obtain a modification to your existing Parenting Plan, or have questions about the steps involved, contact Apfelbaum Law. Our team of experienced attorneys can guide you through modification process. Contact us today to schedule a consultation.
