Flexibility in Parenting Plans

Parenting plans are among the most essential elements in family law disputes concerning the welfare of a minor child. The parenting plan provides details about how both parents would divide time and duties after a divorce. Typically, any modification of the parenting plan involves proving a material change of circumstances and evidence that the changes are beneficial for the child. Nonetheless, there are exceptions to this principle. In this article, we’ll review a case that provides a narrow exception to this principle.

Background of the case

In this case, the parents signed a parenting plan agreement during their divorce proceedings. Most parents who go through a divorce try to develop a reasonable parenting plan for sharing time with their children.

The parents developed a parenting plan with a timesharing schedule. However, the document included an additional provision stipulating that the timesharing schedule could be changed further without proving a substantial change in circumstances. The reason why the parents added this provision is that they anticipated changes in their child’s life and wanted to make provisions in the parenting plan that accommodated these changes.

Ultimately, one party attempted to alter the timesharing schedule based on provisions that were made in the parenting plan. The question then became whether the court should enforce the provision even though no substantial change had occurred.

The other parent claimed that under Florida law, it is necessary to prove a substantial and material change in circumstances to warrant modifying a parenting plan.

The appeal

The matter before the court was whether the parents can provide their own stipulations regarding changes to an existing parenting plan, or if the court should follow the Florida statute in this matter. In other words, which standard should apply?

According to the appellate court, the contract between the parents was valid and binding. Since both parents freely entered into the agreement, it was proper to respect the agreement.

It is important to note that Florida law promotes cooperative parenting agreements between parents. When parents come to a mutual agreement regarding particular matters, including possible changes to the schedule or needs of the child in the future, courts have the duty to uphold the agreement, so long as it’s in the best interests of the child.

Therefore, the appellate court upheld the modification clause contained in the parenting plan.

Key takeaways

Florida’s statutes require a parent to prove a substantial and material change in circumstances to warrant modifying a parenting plan. However, the parents can agree to a provision in the parenting plan that lets them update the plan when necessary.

Talk to a Tampa, FL, Child Custody Lawyer Today

Westchase Law, P.A., represents the interests of Tampa parents seeking to make modifications to their parenting plan. Call our Tampa family lawyers today to schedule an appointment, and we can begin discussing your next steps right away.

Source:

caselaw.findlaw.com/court/fl-district-court-of-appeal/115791414.html