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Modifying Your Parenting Plan In Florida

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If circumstances have changed making the parenting plan and/or child support you and your former spouse agreed to at the time of your divorce obsolete, you may wish to make changes to the agreement.  It’s always easiest when exes come to an agreement that can be formalized, but in some cases easy just isn’t in the cards. That’s when having an experienced and tenacious local family law attorney by your side is essential.

Simple Modifications 

When you and your former spouse both recognize that minor changes in the parenting plan would be beneficial to everyone involved, those changes can be made without going to court or having a hearing.  Maybe the child is involved in activities that make it appropriate to change regular visitation days, or perhaps one parent’s schedule at work has been altered, making it practical to adjust the parenting plan.  Unforeseen changes in income or expenditures or the loss of a job could impact the workability of a previously agreed to arrangement. When both parents are in agreement that changes to the parenting plan and/or child support are worth considering, you can save yourself the trouble of going to court by simply having your attorney write up a contract in which both parents stipulate that the changes are agreed to and then filing a Supplemental Petition designed for this purpose.

When Parents Cannot Agree 

In the event your former spouse is unwilling to concede that the changes you are requesting are reasonable and/or necessary, it may be time to pass the heavy lifting to your lawyer. You will need to fill out the necessary  forms and demonstrate that the changes you are hoping to make would be in the child’s best interest in a hearing. To get the Court’s approval for any changes, it will be necessary to demonstrate that circumstances have changed substantially in ways that make adapting the parenting agreement necessary.  Sometimes changes become apt simply because a child develops and participates in more extracurricular activities.  Visitation schedules that are absolutely appropriate for a preschooler may not be right for a child in grade school or secondary school. At times health issues may be a factor that deserves consideration.   If you are the one looking for modifications, it will be up to you to present the court with the evidence and documentation to verify that suggested changes would advantage your child. Your former spouse will have the opportunity to dispute your presentation and submit another version of reality. 

Sometimes the Child is in Danger 

One central tenet still applies: all decisions related to the child must be made with the child’s best interests in mind. The Court will be interested in each parent’s capacity to look out for the child, their moral fitness, evidence of domestic violence, or any other factors that demonstrably show a need to adjust the parenting agreement.  Rather than minor changes to the parenting agreement, the Court may determine that major shifts are desirable.

Advocating for You 

When dealing with something as emotionally fraught as a contested parenting agreement, clear heads in the room make a difference.  You want an articulate, detailed argument presented to the court in the most forceful manner possible.  The experienced and dedicated Boca Raton modification lawyers at WiseLieberman are prepared to address your concerns adeptly and convincingly. To discuss your situation, schedule a confidential consultation today.

Resource:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.13.html

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