Before addressing the question of whether you can change a parenting a plan, let’s provide you with some additional information to help in your understanding.
If you undergo a divorce with minor children, the documents included with your dissolution of marriage include a parenting plan. A parenting plan is intended to encourage “frequent and continuing contact” between both parents and their child or children. Contact is to continue both during and after the divorce. To accomplish this goal, the Florida Legislature passed Fla. Stat. § 61.13(2)(c)(1) (2018). In relevant part, that statute provides:
It is the public policy of this state that each minor child has frequent and continuing contact with both parents after the parents separate or the marriage of the parties is dissolved and to encourage parents to share the rights and responsibilities, and joys, of childrearing. There is no presumption for or against the father or mother of the child or for or against any specific time-sharing schedule when creating or modifying the parenting plan of the child. To achieve this, Florida courts are tasked with approving or implementing a parenting plan that addresses issues fundamental to raising a child.
An incorrect, but common belief, is that decisions relating to custody and child support will favor the mother over the father. As noted above in bold, there is no such favoritism granted to either the mother or the father. The court considers a number of factors, not the least of which is the best interest of the minor child.
The same Florida Statute noted above includes language relating to modifications of final divorce judgments:
After divorce proceedings are over and judgments have been entered where the judge clearly defines the rights and obligations of each party, there are times when either party wishes to modify the ruling if circumstances have changed significantly or if you now meet statutory guidelines that would make a modification action pertinent.
Statutes are rarely worded in a way that makes them easy to read or understand. Fortunately, attorney Brendan Riley is more than capable of interpreting statutory language and explaining the meaning to his clients. To explain the meaning of the above referenced statutory section, a parenting plan can be modified. Whether the modification would be granted depends on various factors. If you have questions about changing the amount of child support you pay or receive, or concerning anything else relating to family law, please contact our office for a free consultation. You can visit us online at www.bettercallbrendan.com or through calling 727-312-3748.
The reasons for a post-dissolution modification are numerous and specific to each circumstance.
We have dealt with situations in which a parent feels that their children are in danger. Sadly, there are circumstances in which the children are being harmed or being neglected. We discuss these matters with our clients and determine the best option for them in proceeding.
Another circumstance we’ve encountered concerning modifying a parenting plan involves visitation. A parent may wish to increase their visitation. Other situations involve a parent wanting to limit the amount of visitation time had by a non – custodial parent.
Family Law involves matters we understand are of vital importance to you. If you have a situation involving family law that you’re unsure about, contact our office. It’s possible that you may have rights you’re not aware of.