After the parents have a Parenting Plan setting forth their time sharing schedule with their children, there may come a time that there is a need to change that schedule. If the parents cannot agree to changes in the Plan, a sworn Petition to Modify the Parenting Plan/Time Sharing Schedule may be filed with the Court. There must be showing of a substantial change in circumstances that require the modification of the schedule. It must also be shown that this proposed time sharing change is in the best interest of the children. Along with that modification requests, the child support obligations may be adjusted consistent with the time sharing and pursuant to the Florida Child Support Guidelines.
Florida public policy is such that both parents have the right to a frequent and continuing contact with their children even after the marriage is dissolved. However, there may be circumstances where there is a rebuttable presumption that the child will be detrimentally impacted by shared parental responsibility with one of the parents. There must be a showing of a substantial, material, and unanticipated change in circumstances and a determination that the best interest of the child will be met by a modification of that Parenting Plan. There are a number of factors for the court to review before changing the Plan.
It is important to meet with a professional, such as Ms. Perry, when contemplating in change in the Parenting Plan and for a review of the criteria in support of your request for the modification or for the defense of a Petition to Modify.