Modifying A Parenting Plan

-
I get many calls from parents wanting to change, or modify, their parenting plan.  The problem lies in that their reason for the change may not meet the legal requirements for a change to the parenting plan. In order to modify a parenting plan, there must be a 1) substantial, 2) material, and 3) unanticipated change in circumstances and a showing that the modification is in the best interests of the child. 

Parents think that just because a parenting plan is no longer working for them, that is reason enough for a change.  It may be, if you can get the other parent to agree and both of you can come to a joint agreement for an amended parenting plan.  However, if the other parent does not agree, and you are attempting to petition the court for a modification to the parenting plan, the legal standard above must be met. 

A remarriage, a new child, a new job, or a new move, are typically not enough, unless there are unusual circumstances.  The courts have usually ruled that these circumstances are expected in life and are not unanticipated.  It is definitely not enough that the other parent is just being difficult.  It is best that you have an experienced family law attorney by your side to advise you and determine if you meet the legal standard.  Also, you might be able to utilize an attorney through some sort of alternative dispute resolution to stay out of court and arrive at an amended parenting plan outside of court.  


My best advise is to utilize an attorney from the beginning. It seems that most of my calls from parents wanting to modify their parenting plans are from parents that did not use an attorney in their divorce.  They “did it themselves.”  And now they are realizing all of the many situations they did not think through very clearly and need help sorting out.  If you are going through a divorce or need help with a modification, contact Heather Bryan Law for your consultation today, online or at 863-825-5309.

Popular posts from this blog

Mandatory Disclosures: What are they and do I have to do them?

-
Well, the answer to the second part is in the title...they are "mandatory."  Mandatory disclosures are documents, mainly financial in nature, that must be disclosed to the opposing party in a family case.  The disclosure of these documents is required by the Florida Family Law Rules of Procedure.  It is an automatic disclosure, meaning the other party does not have to ask for you to disclose them.   These documents include all sorts of financial statements that show assets and debts.  The purpose is to show the financial status of both parties. In a divorce, the purpose of the disclosure is so that the distribution of assets and debts, child support, and alimony can be calculated.  In a modification case, again, the purpose would be to see the financial status of the parties so an accurate accounting can be made for calculation of child support and/or alimony.   By looking at these statements, an attorney can see if perhaps money is coming i...
Read more

Types of Protective Injunctions in Florida

-
There are 5 very specific types of injunctions, or restraining orders, that you can apply for in Florida.  It is important that you know the difference between them, because if you apply for the wrong one, the injunction can be denied.  On the other hand, if you are defending against an injunction, that is the first line of defense.  Was the proper injunction applied for?  Below is a listing of the types of Injunctions in Florida: 1.       Injunction for Protection Against Domestic Violence – This injunction is specifically for persons who have been the victim of domestic violence or who are afraid of imminent domestic violence.  Domestic violence includes assault, battery, sexual battery, stalking, kidnapping, and false imprisonment. A domestic relationship means that the person is either your spouse, former spouse, related to you by blood or marriage, living with you presently, or has lived with you in the past, or the pe...
Read more

Preparing For Your Family Law Consultation

-
I can’t tell you how many people come in for their consultation and have no idea what to ask me. This time is your opportunity to find out if I am the best person to represent you for this specific situation in your life. A life changing situation in your life! Take advantage! When you come in for your consultation, it is best to know what you need to ask the attorney. What are you there for? Is it a divorce case? Is it a paternity case? Has your ex threatened to not bring the kids home after their summer vacation? Think about the situation and formulate your questions to that situation. Consider your ultimate goal. Do you want advice in general, such as what is the divorce process in Florida, or do you need a specific task completed, such as she has taken the kids to Virginia against the parenting plan and I need some sort of motion to get them back right now. You should also think about your budget. Nothing is more important than your well-being, your family, and...
Read more