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When to Update a Florida Parenting Plan

When to Update a Florida Parenting Plan

According to Florida family law, parents in a divorce case are encouraged to develop and agree to a parenting plan. The parenting plan is a legally-binding agreement that must be approved by the court. If they are unable to agree to a parenting plan, the court will intervene and decide what parenting plan is in the best interest of the child. However, after some time, a parenting plan can prove to be ineffective or outdated and may need to be modified.

Parenting plan modifications must also be approved by a Florida family court. The process of modifying a Florida parenting plan can be complex, so it is best to consult with a seasoned Miami family law attorney when petitioning the court for a modification.

Events That May Trigger Parenting Plan Modifications

There are a variety of reasons for wanting to modify a parenting plan. Any revisions and modifications one wishes to make to a Florida parenting plan must be based on the child’s best interest. Still, some life events and/or changes in the child’s needs may prompt a parenting plan modification. These changes may concern financial support calculations, visitation schedules, time-sharing arrangements, and even custody arrangements.

      • Remarriage Especially if it involves relocation or step-children.
      • Relocation Especially if the new distance between the parents’ households is significant.
      • Maturation of the child Especially if the current plan is no longer age-appropriate.
      • Changes in the child’s schools or school schedules
      • Changes in jobs Especially if it involves relocation, significant changes in income, or unemployment.
      • Negative effects of current Florida parenting plan on the child’s development
      • Unfit parenting status Especially if it concerns recent domestic violence charges.

What Florida Family Court Considers

Just like in child custody cases, the Florida family court will make a decision it believes to be in the child’s best interest. After one or both parents files a petition for modifying the parenting plan to the court, there will be a hearing to determine if there is just cause for a modification. The court will judge the severity of the major life changes cited as the reasons for the requested parenting plan modification. One parent or both parents have to prove to the court that the current plan no longer meets the child’s needs.

Not all modifications are approved by the Florida family court. Working with an experienced Miami family law attorney can increase your chances of successfully modifying your Florida parenting plan.

The Florida family law professionals at Pimentel & Castillo can provide the right legal guidance and assist in petitioning the court on your behalf. Call us today for a free consolation.

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realities-of-divorce

The Realities of Divorce

There are many misconceptions that are thrown around about divorce. Even the once happiest of marriages could one day end in divorce, so being well informed about what one can expect can alleviate both stress and some of the cost.

Here is some general information about divorce that everyone should know.

What is true for one person may not be true for another.

Just because one spouse’s cousin had a divorce that was finalized in three months and awarded her the majority of the property, doesn’t mean that will be the case for the parties in another situation. Just as every relationship is different, so is every divorce.

Honesty is key.

It is essential that both spouses be honest with each other and their legal counsel. If one spouse attempts to hide something from the others involved, he or she can certainly expect that it will come out in the case at some point. A Miami divorce attorney can advise his client on what information must be shared, but full disclosure has to be provided to the attorney for best results.

Many decisions will need to be made.

There is a reason why divorce cases tend to be lengthy, particularly when children are involved. When a marriage is dissolved, many details must be sorted out to move forward effectively. The divorce attorney will need to work to determine who gets the house, how funds will be distributed, which spouse will keep the car, and so on. If the couple has joint children, they will need to prepare a custody arrangement that is in the best interest of their kids.

There are alternatives to the courtroom.

Not all divorces end up in court. Depending on the state of the relationship when the decision to end the marriage is made, there may be alternatives. This may include mediation, where a neutral third party leads the two in negotiations. Similarly, in a uncontested divorce, an attorney works with the couple and a team of professionals to finalize all matters related to the divorce, without actually going to court. This route has pros and cons, and the best fit will ultimately depend on the specific case.

There will be compromises.

With any divorce, it is extremely rare that both spouses will get everything they hoped for at the end of the proceedings. Typically, there needs to be compromise on some issues, especially if there are children involved. What one can depend on is that attorneys will have the best interests of their clients in mind, and will do everything in their power to protect them.

If you are considering divorce, call a premier Miami divorce attorney at Pimentel & Castillo today to learn more about the process and what you can expect. Our professional team can ensure you are well protected as you work through the proceedings.