You have concluded your divorce or paternity proceedings, and a parenting plan has been established that contemplates the regime of communication with the minor. But new circumstances have arisen, and it is necessary to modify this parenting plan. Is this possible to do? In today's blog we will be explaining when and how it is possible to modify the parenting plan in a family process.
In a short answer, yes, it is possible to modify a parenting plan and the communication regime established in it, but for this it will be necessary to demonstrate that there is a substantial, material and unanticipated change in the circumstances existing at the moment in which that the plan was adopted, and that this change is in the best interest of the child.
The simple way is for both parties to agree to modify the parenting plan or parent plan. If so, the original process is reopened, the new parenting plan or parenting plan agreed upon by the parties is presented to the court, signed, and preferably notarized by both, and the judge signs a new order canceling the previous plan, and making effective the new agreed plan. If both parties agree to the modification, it will not be necessary to demonstrate the substantial, material, and unanticipated change, nor the best interest of the minor, although the latter is always observed by the court.
In the event that the parties do not reach an agreement to modify, then it will be necessary to demonstrate that the current circumstances are different from those that existed at the time the parenting plan was adopted. These changes in circumstances must be permanent and not have been foreseen at the time the parenting plan was adopted. An example of this could be that one of the parents has suffered an accident and as a consequence of it, cannot exercise what is established in the parenting plan.
Perhaps the most important factor that the court takes into account when modifying a parenting plan is the best interest of the child. Unfortunately in Florida, minors are not called to testify, and they give little validity to their wishes to live with one parent over the other. The court will assess other reasons such as consistency in the exercise of time sharing by one parent over the other to grant the modification.
If you need help modifying your parenting plan, call us today. Our firm works on family cases, and we can evaluate your case for free, and give you the best recommendation to follow. At Y. Morejon Attorney, P.A. Your problem is our problem.
Any information made available by the lawyer or law firm is for educational purposes only, as well as to give you general information and general understanding of the law, NOT to provide specific advice. This does NOT create a relationship attorney-client between you and Y. Morejon Attorney, P.A. This information should NOT be use as a substitute for competent legal advice from a licensed professional attorney in your state.