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 However, after some time, a parenting plan can prove to be ineffective or outdated and may need to be modified.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.