Depending on your life circumstances, you can petition the court to make changes to the parenting plan and timesharing schedule that was originally agreed upon to suit your current family dynamic.
Pursuant to Florida Statutes Section 61.13 (3) a determination of parental responsibility, a parenting plan, or a time-sharing schedule may not be modified without a showing of a substantial, material, and unanticipated change in circumstances and a determination that the modification is in the best interests of the child. See also Wade v. Hirschman, 903 So.2d. 928 (Fla. 2005).
There are many reasons in which a modification of the original parenting plan is necessary, including but not limited to:
- The parenting plan and timesharing schedule are no longer feasible for the parents (e.g. work schedule change, remarriage, new siblings);
- Either parent needs to relocate;
- A parent becomes disabled and / or incapacitated;
- Issues involving the child's education;
- Issues involving the child's healthcare;
- Either parent changes jobs or careers;
- Issues relating to substance abuse by a parent;
- Allegations of child abuse or domestic violence;
- A child has grown substantially older since the entry of the divorce decree, and the current timesharing schedule does not work;
- Preferences of the child (if he or she is considered an appropriate age to display such preferences).
At Segarra & Associates, P.A., we will fully review your case and help you come to an agreement without litigation. However, if litigation becomes necessary, we are ready to represent you and your family aggressively. We will make the best interests of your child our highest priority. We will work towards an end result that is in their favor and provides them with the safety, nurturing and opportunities they need to flourish.
Modifying a parenting plan can be as simple as making an agreement and putting it on paper, or it can become more difficult if one parent disagrees on the modifications to be made. At a time like this, you need sound legal advice and an attorney who will be there to support you and your family.
Contact us for a consultation regarding the modification of your parenting plan and timesharing schedule. We are committed to giving your case our full attention and are available now to speak with you. Call us today. (305) 742-5042.