6 Questions About Parenting Plan Modification in Florida
In today’s article, we answer six common questions about parenting plan modification:
Question #1: What Happens When Both Parents Agree to a Parenting Plan Modification?
In Florida, parents can, in almost every circumstance, modify their parenting plan by agreement. However, you should always speak with an attorney before making any changes to your parenting plan. Further, all modifications should be in writing, signed by both parties, and filed with the court.
Question #2: Under What Circumstance(s) Can I Modify a Parenting Plan When Parents Don’t Agree?
Florida courts only modify an approved parenting plan if at least one of the following is true:
1: The children’s safety is at risk.
2: The children would benefit significantly.
3: A parent’s circumstances have changed dramatically, leaving them unable to meet parental responsibility and time-sharing obligations.
Question #3: What Happens When a Parent Asks the Court for a Modification Order?
When a parent asks the court for a modification order, both parties present their arguments to a judge. They follow a legal process similar to that of getting the original responsibility orders.
Question #4: What Type of Circumstances do Courts Almost NEVER Find Justify Parenting Plan Modification?
The three common circumstances courts almost never find justify modifying parenting plans are child’s wishes, violation of parenting time agreement, and disparate incomes. If you are faced with one of these three circumstances, there are other steps available before a court will even consider modifying an already agreed upon parenting plan.
Question #5: What Happens in Emergency Situations?
The state of Florida allows parents to seek an emergency hearing to obtain temporary custody of a child through emergency child custody hearings. The issues heard at these hearings are only those that are of urgent nature. Florida courts are empowered to grant immediate, temporary relief at an emergency hearing.
Examples of actions that could warrant emergency child custody relief include:
- Domestic violence;
- Recent child abuse or serious child neglect;
- A credible threat being made to abduct the child;
- Serious substance abuse by the other parent; or
- Another major change in circumstances that puts the child in real danger.
Question #6: Who Can Seek an Emergency Hearing for Temporary Custody?
You might be surprised to learn that anyone who wants emergency temporary custody of a child can file a motion for temporary custody.
If you are aware that a child is being abused or neglected by a parent, contact an attorney immediately. You can find great resources by visiting Childhelp National Child Abuse Hotline. To seek a lawyer’s advice about the modification of a court order or decree after a divorce is final, contact our Boca Raton modification lawyers at Brodie & Friedman, P.A., to discover your rights and alternatives.
With over 30 years of combined experience, Jason Brodie Esq. and Joshua Friedman Esq. will guide you toward realistic goals and provide committed advocacy toward achieving them. They are known throughout South Florida for dedicated client service, tenacity, and success in complex divorce litigation involving property division, child custody, and spousal support.
To get a better understanding of the qualities our reputation is built on, contact our office in Boca Raton to schedule your initial phone consultation (561) 392-5100