Polk County Parenting Plan Attorneys
If you’re looking to modify an existing parenting plan, partner with Mint Law Firm. With a team of seasoned attorneys who specialize in navigating the complexities of custody arrangements, Mint Law Firm provides personalized legal guidance to help you achieve the best outcome for your family. Whether you’re seeking adjustments due to changes in circumstances or need assistance addressing other disputes related to your already existing parenting plan, our deep understanding of the law and decades of negotiating experience assist in ensuring outcomes that are both favorable and fair.
What is a Parenting Plan?
In Florida, parenting plans are essential documents that govern the relationship between parents and their minor children, including decisions about the child’s education, healthcare, and overall well-being. These plans must be developed and agreed upon by the parents and approved by the court. If the parents cannot agree, then the plan will be decided by the court. The primary consideration in creating or modifying a parenting plan is the best interests of the child, which must be determined by evaluating all factors affecting the child’s welfare and the family’s circumstances.
Modification of a Parenting Plan
To modify a parenting plan, including the time-sharing schedule, the parent seeking modification must demonstrate a substantial and material change in circumstances since the entry of the last order. The substantial change in circumstances must also be one that was not reasonably contemplated at the time of the original judgment. Practically speaking, this means that the facts constituting the change must have arisen after the judgment or not been presented in the prior action. For example, if parents were living more than 50 miles apart at the time of the last order and one parent moves within 50 miles of the other, this move may be considered a substantial and material change in circumstances.
The court’s authority to modify a parenting plan is more restricted than its authority to make the initial determination. The court must ensure that any modification will serve the child’s best interests by evaluating the same statutory factors considered in establishing the initial parenting plan. These factors include the demonstrated capacity and disposition of each parent to facilitate a close and continuing parent-child relationship, honor the time-sharing schedule, and be reasonable when changes are required.
What If We Can’t Agree?
In cases where parents cannot agree on modifications, the parenting plan remains in effect until further order of the court. Temporary changes can be made informally without a written document, but substantial changes must be sought through the filing of a supplemental petition for modification. The court may also order a social investigation and study to gather pertinent details about the child and each parent, which can be used to make a decision on the parenting plan.
What If One of Us Moves?
In Florida, a parent’s relocation alone does not necessarily constitute a substantial and material change in circumstances sufficient to warrant the modification of a parenting plan. Florida courts have consistently held that relocation by itself, without additional factors showing how the move impedes the current timesharing plan, does not meet the threshold for a substantial change in circumstances.
To modify a parenting plan based on relocation, the moving party must demonstrate that the relocation has substantially and materially changed circumstances since the original custody determination, that the change was not reasonably anticipated by the parties, and that the modification is in the best interests of the child. This imposes a significant burden on the party seeking modification, requiring more than just the fact of relocation.
So, while a parent’s relocation can be a factor in modifying a parenting plan, it must be accompanied by additional evidence showing a substantial and material change in circumstances that was not anticipated and that the modification is in the best interests of the child.
Mint Law Can Help With Modifying Your Parenting Plan
If you’re considering modifying a parenting plan, trust Mint Law Firm to guide you through the process. Our team of experienced attorneys specializes in the complexities of custody arrangements and provides tailored legal support to secure the best possible outcome for your family. Whether you’re seeking adjustments due to changing circumstances or need help resolving other disputes, our extensive knowledge of the law and decades of negotiation experience work to ensure a positive result for you and your children.