Yes, you can change your Florida custody agreement. However, how it’s done varies depending on the circumstances and your parenting plan’s specific terms.
Parenting plans in Florida can be modified when there is a “substantial and material change in circumstances”. Making one or more changes is relatively easy if both parents agree; they simply have a Family Law Attorney draft and file a new agreement. The process gets more complicated when the parents disagree. While the parent requesting the modification can get it approved over the other parent’s objections, it takes petitioning the court and proving the changes are in the child’s best interests.
Common Reasons for Changing Custody Agreements
Like most states, Florida courts recognize that life is unpredictable and constantly changing. Custody or shared parenting arrangements that worked when approved might no longer be suitable. Common reasons for seeking modification include:
- A change in circumstances. Significant life changes like a new job, relocation, or entering a new relationship can affect a parent’s stability or availability. A child might develop health issues requiring specialized care or want to switch schools, which could impact the time spent with the other parent.
- A child’s best interests. Sometimes, one or both parents believe a change in the parenting plan will better serve a child’s emotional or physical well-being. They might seek more visitation time, want to adjust schedules to align with school or extracurricular activities, or shift primary custody to ensure a more stable environment.
- Child preferences. In Florida, there is no set age when a child can weigh in on which parent they would like to live with. They also consider the child’s maturity, intelligence, and experiences with both parents. Sometimes, the child’s preferences change. While their wishes alone don’t usually determine the outcome, they can factor into a judge’s decision.
Seeking a modification should be about creating a better situation for a child. Courts prioritize the child’s best interests, ensuring co-parenting arrangements continue to serve their needs effectively.
Changing a Parenting Plan Must Meet Florida Legal Requirements
Florida is a “best interests of the child” state. Any custody, visitation, or parenting plan dispute will always be resolved by determining what’s best for children. Under Florida Statute 61.13(2)(b)), parenting plans, including modified ones, must address the following:
- Each parent’s detailed daily responsibilities.
- A timesharing schedule that’s workable and reasonably clear.
- Whether one or both parents are responsible for medical and educational decisions.
- How the parents will communicate with each other.
Family law courts generally favor consistency in a child’s life and schedule. If a child is thriving in the current situation, the court might deny a modification request. Consulting with a Family Law Attorney to discuss your situation can help you understand potential challenges and receive guidance on strategies that could possibly achieve your wishes.
The Parenting Plan Modification Process
Modifying a parenting plan in Florida involves several steps, each of which must be carefully followed to ensure the changes are legally recognized.
- Submitting a petition for modification and formally notifying the other parent, who then has 20 days to respond by either agreeing to the proposed changes or filing a counter-petition to contest them.
- Mediation and negotiation are needed to try and reach a mutual agreement on the modifications without going to court. The court itself might order mediation if the parents cannot agree. You can also request that a parenting coordinator be appointed to assist with dispute resolution.
- Court hearings and legal proceedings include filing for a default judgment if the other parent doesn’t respond to your petition, proceeding directly to a hearing, or preparing for trial.
- Implementing the new agreement occurs after the judge has reviewed and approved the revised parenting plan. Only then do the modifications become legally binding.
Having a knowledgeable family law attorney by your side during the modification process is essential. They can help ensure that any proposed changes align with the court’s criteria and, most importantly, serve your child’s best interests.
Cobb Cole’s family law team is well-versed in the intricacies of child custody cases. Our compassionate approach focuses on your child’s well-being and your parental rights. Contact us today to learn more about how our Firm can help.
