My Ex-spouse Isn’t Abiding by Our Parenting Plan – Can I Change It?

October 4, 2022
Heather Bryan Law, P.A.

In Florida, parenting plans spell out the responsibilities of each parent and the time-sharing schedule for the child. It can be frustrating when an ex-spouse doesn’t comply with the established parenting plan. Florida courts have the power to enforce parenting plans and to change them. 

What if you want to change the plan? 

To change or modify the plan, one must petition the court to modify the parenting plan. If both parties happen to agree to the change, there is no need for the litigation process or a formal hearing. However, if the other parent opposes the change, the formal litigation process and procedures will be followed, ending with a formal hearing before the court, and a decision by the judge. 

What do I need to prove?

In order for the court to allow a modification to the parenting plan, you must prove that there has been an unanticipated and substantial change in circumstances. In addition, the change that you are requesting must be in the best interest of the child. If you cannot prove that there has been an unanticipated and substantial change, then the court cannot allow a change to the parenting plan. 

If the parties happen to agree to a change, then this burden does not apply. The parties can just agree to the change to the parenting plan.

What if I just want to enforce the plan that is already in place?

If you want to enforce the plan, one must file a motion to enforce. There will be a hearing before the court where you must prove to the judge how the other party has failed to abide by the plan. If the judge finds in your favor, then the judge will order the other party to abide by the plan. Depending on the severity of the situation, the judge has several options: from finding the other party to be in contempt of court, to ordering the other party to pay your attorney’s fees, to holding the other party in jail for non-payment of child support. 

Having to make changes to a parenting plan due to issues caused by the other parent is understandably frustrating. Heather Bryan Law is here to help make the process simpler – and ensure that you get the results you deserve when fighting for the best interests of your child. Contact us today for assistance in any of your family law needs.

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Heather Bryan Law, P.A.

Our firm has experience defending Floridians against all sorts of criminal charges. Additionally, we are well-equipped to handle emotionally charged family law matters and devastating personal injury cases.

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