How Can I Revise My Parenting Plan?
The parenting plan you create with your spouse or the other parent will be one of the foundational aspects of your divorce decree or custody order. It determines, after all, the extent to which you are able to care for your child(ren). Yet circumstances change. A new job, a relocation to a new neighborhood, alterations to your child’s schedule — any of these may enhance or inhibit your ability to take on parental responsibilities. When such circumstances arise, you may be able to revise your parenting plan. Finding an attorney experienced in such matters will be crucial to doing so correctly.
McGinnis Law Firm, P.A., has the resources to assist. Serving in Brandon and throughout the Tampa region for more than 18 years, we have helped numerous families update their divorce or custody decrees and devise parenting plans that benefit everyone involved.
Working Together For The Best Results
Florida rewards parents who work together to reach resolution. There are, simply put, fewer legal hoops for them to jump through.
Still, hoops do exist. Namely, it is not typically enough for a couple merely to verbally agree to revise their parenting duties. As a matter of protection, the new plan should be documented in writing, signed by each party (and, when possible, by their lawyers) and filed in court. Therefore, if one parent chooses to back out of the plan unexpectedly, there may be legal recourse to prevent them from doing so.
What If My Former Spouse Doesn’t Want To Revise The Parenting Plan?
If your former spouse does not wish to modify the parenting plan, you may still be able to obtain a court order to do so. This is not always easy, however. In Florida, the courts have broad discretion whether to modify an order or not.
Generally, one of the most important considerations is whether updating the parenting plan is in the child’s best interest. In making such determinations, the courts may look into whether a parent is sufficiently capable of caring for their child, if the child wishes to reside with the parent and whether the child’s life will be disrupted by any new changes.
In extreme cases — if there is evidence of parental abuse, for example, or if one parent has become seriously injured or ill — the court may expedite their order for a modification.