Parties to a divorce often enter into a Parenting Plan, which sets forth their agreement concerning issues such as timesharing, parental responsibility, and other parenting-related matters.  In the event the parties are unable to reach an agreement during their dissolution proceeding, the Court will make such findings and rulings in its Final Judgment of Dissolution of Marriage.  Consequently, regardless of how these parenting provisions come into fruition, the parties are ordered by the Court to abide by their terms and conditions.

So what happens when circumstances have changed and a party wishes to modify the terms of a Parenting Plan as to timesharing?  Similarly, what options are available to a party when they discover that certain provisions, such as those governing parental responsibility, have become unworkable?

Unless the parties reach an agreement to modify the prior terms, a party may face an uphill battle in successfully modifying the provisions related to timesharing and parental responsibility. Florida law requires a party requesting modification of such matters to demonstrate a “substantial change in circumstances.”

Specifically, Florida law requires that a party demonstrate a substantial, material and unanticipated change in circumstances, which are involuntary and permanent in nature, as well as a showing that the modification requested is in the best interests of the minor children. Courts across Florida have entered numerous cases interpreting various circumstances and determining whether they sufficiently qualify to warrant modification of the parties’ prior agreement. Accordingly, modification of a prior Parenting Plan or any type of final order can be a complex question, one suggesting the assistance of an experienced family law attorney.