Florida parents can ask the courts to change a parenting plan, but only for a strong reason. The court will not change a plan unless one parent demonstrates that a substantial change has happened since the last order.
Common Reasons Parents Seek Custody Modifications
If life changes in a way that makes a current time-sharing agreement unfair, unsafe, or simply unfeasible, a parent can ask the court to modify it. Below are some common scenarios in which a parent might decide to request a modification in Florida:
- One Parent Plans to Move Far Away: A parent might want to relocate for work, family, or a new relationship, which might make regular visits harder.
- The Child’s Needs Have Changed: Parents might request a change to better support a child’s development, especially if one household can meet those needs more effectively.
- One Parent Isn’t Following the Current Agreement: Some parents don’t stick to the plan, which can hurt the child and push the other parent to ask for a modification.
- A Parent Struggles with Addiction, Mental Health, or other Medical Condition: If a parent puts a child at risk by abusing drugs or failing to manage a mental health condition, or if a parent becomes otherwise disabled or handicapped, the other parent might need to intervene.
- A New Work Schedule Causes Problems: Jobs with night shifts, travel, or rotating hours can make it hard for a parent to follow a parenting plan and might require a change.
- The Child Wants a Different Arrangement: In some cases, a child who’s older and mature enough to explain their reasons could ask for a change.
- Domestic Violence or Abuse Concerns: If one parent suspects abuse in the other parent’s home, they might seek an urgent change to protect the child.
- One parent’s home life has changed dramatically: A parent might need a new plan if they start living with someone new, move to a smaller place, or lose housing altogether.
How Florida Courts Decide What’s in a Child’s Best Interests
Florida courts look at many aspects of a child’s life when deciding what’s best. Judges consider the child’s school, health, relationships, home life, and how well each parent meets the child’s needs. In special circumstances they may also listen to the child if the child is mature enough to express a preference. The court’s goal is to keep the child safe, stable, and supported. A child’s best interests are determined based on 20 specific factors defined in Florida Statute 61.13(3).
Legal Standards for Modifications in Florida
In Florida, as long as parents are in agreement that a change is needed, and agree on what that change is, it’s important to note that they do not necessarily need to go through the process of formally changing the parenting plan. This is particularly true of situations where there is a change in circumstances that is temporary in nature.
For example, if the boss says you have to come in over the weekend to spend extra time on the TPS reports, and you just won’t have the time to look after the children even though it’s your weekend, that would hopefully be a temporary issue. If the other parent agrees to take them, then that solves that, and no change to the written plan is necessary.
Arguably and practically speaking, even long term changes could be enacted if both parents are in agreement and the child or children are adequately cared for. It should be noted that if the relationship between the parents breaks down, however, and they no longer agree on the temporary or “unofficial” modification, the rules will revert back to the original parenting plan until the matter is resolved. Both parents should also be mindful that changes in the number of nights that children spend with a given parent likely changes the amount of child support owed, although such changes will not automatically change the amount; the disparity must be brought to the court’s attention.
However, if the parents do not have a good relationship, parents can’t unilaterally change parenting plans just because they don’t like how things are going. In these situations, a more formal action is probably necessary to address the matter and change the parenting plan. The law sets a high bar before a judge will agree to a modification because courts recognize the value in a stable, consistent routine for children. Here are the main standards your case must meet for a judge to approve a change:
- There Must Be a Substantial Change in Circumstances: The parent asking for the change must show that something significant has happened since the last court order. The change must be big enough to affect the parenting plan in a meaningful way.
- The New Situation Must Affect the Child: Judges focus on how new circumstances affect the child’s stability, safety, and everyday life. If a change mostly affects the parent(s) and not the child, the court probably won’t modify custody.
- The New Plan Must Benefit the Child: A judge will not approve any change unless it is in the child’s best interests. The court will consider whether the child would be happier, healthier, or better supported under the proposed plan. The primary concern of any court in Florida, above all others, is the welfare and best interests of children, although sometimes what the court considers the “best interests” might vary somewhat from a common understanding of the term since it is defined by Florida law.
- Parents Must Follow the Legal Process: Florida law requires the parent who wants a change to file a formal petition with the court, although the procedure is a little different if both parents agree to a permanent modification to the parenting plan, what is called a “stipulation.” If a petition is needed, the other parent gets a chance to respond, and local courts usually require mediation before holding a hearing to make a final decision.
Dangerous Situations
No Court in Florida expects a parent to blindly follow any parenting plan if the situation is actively dangerous. If a parent believes that following the parenting plan puts the child at risk of serious injury or death, they are not expected to blindly follow the parenting plan. In this situation, the parent should immediately contact law enforcement if necessary, and should consult with a Florida attorney as soon as possible, but in any event should bring the matter before the Court as soon as they can to remain in compliance with Florida law while at the same time protecting the child or children.
How a Florida Custody Lawyer Can Help
If you need to change your current parenting plan or stop a change that won’t work for your child, Downyok & Downyok, P.A., can take care of all the legal steps for you. We handle everything from filing petitions to building cases for court. We know how local judges look at time-sharing modifications, and we’ll help you focus on the facts that matter. Call us now to get started with your initial consultation!
