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Can A Change In My Schedule Justify A Parenting Plan Modification?

NightShift

Despite their best efforts to create a stable parenting plan, parents often find themselves facing an unexpected change in their work schedules that makes their current arrangement unworkable. Fortunately, parenting plans aren’t set in stone, so if a sudden change in your schedule makes it difficult, or impossible for you to implement your current parenting plan, you can seek a modification of that order in court. If a judge agrees that the standard for a modification has been met and that a change in the custody arrangement would be in the child’s best interests, then it can officially modify the parenting plan to account for the parent’s new schedule.

Is the Change in Your Schedule Substantial?

While Florida courts do allow parents to modify their custody arrangements, they are not willing to approve such a change for just any reason. Instead, the parent requesting the change will need to show that the modification is justified by a substantial change in circumstances. In regards to a parent’s schedule, this could mean a significant change in his or her work or travel schedule. Perhaps the parent now has to travel out of state on certain days of the week, or was switched to the night shift. To qualify as substantial, the change also can’t be temporary, as parents are expected to work around these kinds of events and to adjust accordingly. If, however, the change in schedule is permanent and has no end date, then it could be enough to allow for the modification of a parenting plan.

Requesting a Modification of Your Parenting Plan

If your own work or travel schedule has changed and your parenting plan is no longer workable, then you should try reaching an agreement with your former spouse, where you come up with a new time-sharing schedule. If he or she agrees to the change, then you can submit the new parenting plan for approval, saving yourselves both time and money in the long run. If, however, the other parent refuses to change the agreement, then you’ll need to seek a modification in court and establish that your change in schedule wasn’t voluntary, is permanent, and makes your current parenting plan unworkable. If the court agrees that the change is substantial, satisfies this standard, and would be in your child’s best interests, then it can modify the parenting plan accordingly to reflect the changes to your new schedule.

Call Today for Help with Your Child Custody Case

If your parenting plan no longer works for your family, please call dedicated and compassionate Fort Lauderdale child visitation and time-sharing attorney Sandra Bonfiglio, P.A. for help coming up with a new arrangement that serves your child’s best interests. Initial consultations are offered free of charge, so if you have questions or concerns about your parenting plan, don’t hesitate to call our legal team at 954-945-7591 today. You can also set up an appointment by filling in your contact information on one of our online forms.

Sources:

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

flcourts.org/content/download/403074/file/905a.pdf

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