|Posted on December 8, 2018 at 11:35 AM|
Parenting Plans are usually included in Divorce Judgments and are hard to modify without substantial need. Florida Statute 61.13 generally says you must show a “substantial, permanent, and unanticipated” change of circumstances; then the plan can be modified to suit the best interests of the child.
What all this means is that there are large obstacles in the way, and a change should only be attempted if the parent believes they have the strongest possible grounds to move forward. Some minor inconveniences, or even a sporadic issue is simply not enough to meet the statutory burden required to change the plan.
The most obvious way to avoid modifying a Parenting Agreement is to ensure the original plan is fair and suited for your needs. I find myself reminding clients that the Parenting Agreement will apply indefinitely, so ensure the rules are something they can live with into the foreseeable future.
If you do decide to challenge the current plan, ensure you have a large amount of evidence to meet the statutory burden. It is in this situation a lawyers help becomes very useful- attorneys will know what evidence is legitimate and the procedural method to bring the case in court.
If you believe we can help, call 321-586-3866 to make an appointment or have a consultation over the phone. When you meet with us, we can help you understand the particular circumstance surrounding your issue and create an individualized plan to help you come to the best resolution possible. You can also visit our website: www.eugenioslaw.com for more information.
The Eugenios Law Offices, PLLC