Modification of Child Custody in Florida

Modification of Custody Important Considerations
Under certain circumstances, the following may result in modification of custody:

  • Substantial, permanent unforeseen change in circumstances
  • Change must be in the child’s best interests
  • Child’s preference is only one factor
  • Refusal to honor time sharing schedule
  • Relocation
In the State of Florida, separated parents are required to create a parenting plan to outline time-sharing, custody and decision making. The goal when a parenting plan is created is to set guidelines that can provide a sense of security and routine for your children.

As life changes and your children grow, your parenting plan may need to be updated to reflect the current needs of your children. Making modifications to a parenting plan is fairly simple when both parents agree to the changes. The courts do not have to review and approve a co-operatively modified parenting plan, but the plan is never updated and either parent stops following the new guidelines there are no legal actions the court may take.

Typically, the Florida court system doesn’t like to step in and change a parenting plan unless extraordinary, unforeseen circumstances have arisen. A few examples of when this can happen are: when parents cannot agree to proposed changes in a parenting plan, a parent is refusing to follow the current plan, the child is living in a potentially harmful situation or if one of the parents has to move somewhere that could disrupt the child’s current living and time-sharing situation.

While evaluating a request for modification of a parenting plan, the State of Florida judicial system will look at a variety of factors to determine if the modification will serve the best interests of the child. The preference of the child, how long the child has been living in a stable environment and the best way to sustain said environment, the ability of the parents to co-operate in regards to time-sharing, and the health and education of the child are all factors that will be weighed when modifying custody in the State of Florida.

Whether you are making modifications together as co-parents or you want to request changes to best serve the interests of your children, having an experienced lawyer on your side to provide guidance through the modification process can be an invaluable resource. The attorneys at LaFrance Law believe that kids deserve a happy, healthy childhood and can counsel you through the ins and outs of time-sharing and parental responsibilities. Fill out the contact us form to learn how LaFrance Law can help you modify your current parenting plan agreement.

The statutory grounds for child custody modification can be found in Florida Statute Section 61.13(3).