UNDERSTANDING FLORIDA FAMILY LAW: MODIFICATION OF A PARENTING PLAN

In Florida, a parent may petition to modify a parenting plan when there is a substantial and material change in circumstances, and a determination that the modification is in the best interests of the child. Understanding the legal requirements and process can help you navigate this important decision effectively. In this blog, we discuss generally the legal standard for modification of a child parenting plan.

Modifying A Parenting Plan in Florida

Pursuant to Chapter 61, Section 61.13, to successfully modify a parenting plan, the petitioning parent must demonstrate, among other things,:

• A Material and Substantial Change in Circumstances – The change must be unforeseen at the time of the existing parenting plan. Examples include unforeseen relocation, job loss, parental incapacity, or substance abuse, and
• The Modification is in the Child’s Best Interests – The court will assess the below following factors related to the legal standard “Best Interest of the Child.”

Pursuant to Chapter 61, Section 61.13, a florida court will evaluate all of the factors affecting the welfare and interests of the minor child (or children) and the circumstances of the family, including, but not limited to:

• The demonstrated capacity and disposition of each parent to facilitate and encourage a close and continuing parent-child relationship, to honor the time-sharing schedule, and to be reasonable when changes are required,
• The anticipated division of parental responsibilities after the litigation, including the extent to which parental responsibilities will be delegated to third parties,
• The demonstrated capacity and disposition of each parent to determine, consider, and act upon the needs of the child as opposed to the needs or desires of the parent,
• The length of time the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity,
• The geographic viability of the parenting plan, with special attention paid to the needs of school-age children and the amount of time to be spent traveling to effectuate the parenting plan. This factor does not create a presumption for or against relocation of either parent with a child,
• The moral fitness of the parents,
• The mental and physical health of the parents,
• The home, school, and community record of the child,
• The reasonable preference of the child, if the court deems the child to be of sufficient intelligence, understanding, and experience to express a preference,
• The demonstrated knowledge, capacity, and disposition of each parent to be informed of the circumstances of the minor child, including, but not limited to, the child’s friends, teachers, medical care providers, daily activities, and favorite things,
• The demonstrated capacity and disposition of each parent to provide a consistent routine for the child, such as discipline, and daily schedules for homework, meals, and bedtime,
• The demonstrated capacity of each parent to communicate with and keep the other parent informed of issues and activities regarding the minor child, and the willingness of each parent to adopt a unified front on all major issues when dealing with the child,
• Evidence of domestic violence, sexual violence, child abuse, child abandonment, or child neglect or evidence that a parent has or has had reasonable cause to believe that he or she or his or her minor child or children are in imminent danger of becoming victims of an act of domestic violence, regardless of whether a prior or pending action relating to those issues has been brought. If the court accepts evidence of prior or pending actions regarding domestic violence, sexual violence, child abuse, child abandonment, or child neglect, the court must specifically acknowledge in writing that such evidence was considered when evaluating the best interests of the child,
• Evidence that either parent has knowingly provided false information to the court regarding any prior or pending action regarding domestic violence, sexual violence, child abuse, child abandonment, or child neglect,
• The particular parenting tasks customarily performed by each parent and the division of parental responsibilities before the institution of litigation and during the pending litigation, including the extent to which parenting responsibilities were undertaken by third parties,
• The demonstrated capacity and disposition of each parent to participate and be involved in the child’s school and extracurricular activities,
• The demonstrated capacity and disposition of each parent to maintain an environment for the child which is free from substance abuse,
• The capacity and disposition of each parent to protect the child from the ongoing litigation as demonstrated by not discussing the litigation with the child, not sharing documents or electronic media related to the litigation with the child, and refraining from disparaging comments about the other parent to the child,
• The developmental stages and needs of the child and the demonstrated capacity and disposition of each parent to meet the child’s developmental needs, and
• ‍Any other factor that is relevant to the determination of a specific parenting plan, including the time-sharing schedule.

The Role of the "Best Interest" Legal Standard

The "best interest of the child" legal standard is also used by the court. It provides a safeguard that prioritizes the child’s well-being above all else.

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GENERAL STEPS TO FILING A PETITION TO MODIFY A PARENTING PLAN (WHEN YOU ARE REPRESENATED BY AN ATTORNEY)

• Review the Existing Parenting Plan

Before filing, your attorney is likely to ensure that the existing parenting plan is no longer viable due to a material and substantial change in circumstances that were unforeseen at the time of the existing parenting plan.

• Complete the Necessary Paperwork.

Typically, your family law attorney will know which documents are appropriate for filing when seeking a modification of the parenting plan.

• File the Petition with the Court

Submit the completed petition to the appropriate court with jurisdiction. Your family law attorney will typically research and investigate the specific facts of your unique case in order to determine which court has jurisdiction for your modification requests.

• Serve the Other Parent or Guardian

The other parent or guardian must be legally notified of the petition through proper service of process. Notably, you should be aware that the other parent (or legal guardian) does have the right to respond or contest the modification request.

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KEY CONSIDERATIONS & FINAL THOUGHT

Important: Every family law case is different, unique and has specific set of facts that require tailored considerations to determine whether your circumstances qualify for a modification request, and thus, it’s important to consult with an attorney regarding your specific set off acts and circumstances. Also, filing a petition for modification of a parenting plan does not automatically mean that you will be granted a modification. It’s not automatic. Courts rarely approve modifications without clear and convincing evidence of a material and substantial change in circumstances, and it’s in the child’s best interest. Moreover, a parent’s failure to comply with an existing parenting plan is not automatic grounds for modification but may influence the judge’s decision. Modifying a child parenting plan in Florida requires careful preparation and adherence to legal procedures. If you believe your child’s circumstances have significantly changed, consulting a family law attorney can provide guidance on how to proceed effectively.

CONTACTTHE EXPERIENCED MARITAL & FAMILY LAW ATTORNEYS AT THEJOSEPH FIRM, P.A.

If you’re considering seeking a modification of a child parenting plan in the State of Florida, you can contact The Joseph Firm, P.A. Attorney Marck K. Joseph, Esq., BCS is a Board Certified Marital and Family Law expert and the owner of The Joseph Firm, P.A. With almost fifteen (15) years of experience in Martial & Family Law, he is uniquely qualified in helping in most types of family cases, including divorce matters.

If you are involved in a family law matter in Florida, consulting with an experienced family law attorney can help you navigate the legal process while advocating for the best interests of your child. Our law firm fully understands the challenges of navigating marital and family law issues and we’re always ready to provide the highest-quality legal representation. Whether your case settles outside the courtroom or goes to trial (or final hearing), our attorneys go the extra mile for every client.

Our firm offers free case evaluations to determine whether the firm can assist you with your case, and if we can, a case consultation meeting will be scheduled. The experienced divorce lawyers at Joseph Firm, P.A. are ready to hear your story. We provide smart, aggressive family law representation to clients. To learn more, call (305) 501-0992.