There are two ways to modify an existing parenting plan. The first is by the agreement of the parties. The second is through the court. In order to modify an existing parenting plan through the court, the parent requesting the change must do three things. They must prove that the change is requested due to a change in circumstances that was unforeseen at the time of the original order. They must also prove that the change in circumstances is material and substantial. If the parent is able to get past the first two elements, then they parent can attempt to prove that the requested change is in the best interest of the child.
It is difficult to prove the first two elements because the Florida courts have told us that just the fact that the other parent has relocated to another town isn’t a substantial change of circumstance. Also, if a parent remarries or in some way improves their lifestyle or financial circumstances, this isn’t a substantial change of circumstance.
If a parent is able to prove a substantial change of circumstance, the court must then determine if the requested change is in the best interest of the child using the factors set forth in F.S. 61.13(3)(a-t). Parents should familiarize themselves with these factors.
If parents are drafting a parenting plan, they can include specific milestones which would trigger at least a re-examination of the plan. For example, in the case of an infant or very young child, the parents may state that no later than May 1st of the year the child is scheduled to begin kindergarten, the parents will meet and determine whether or not a change in the parenting plan is warranted. The agreement should state that the child beginning school would satisfy the substantial change requirement. The court would be bound by the parents’ agreement. The parents can determine in advance any such milestones that would be used as a substantial change of circumstances for their family and build that milestone into their agreement. Keep in mind that if you are unable to reach an agreement, the court is unable to be so creative. This is one more reason parents should work hard to agree to a parenting plan that works for their family. If an agreement cannot be reached, contact a competent and aggressive family law attorney to represent you at trial.