When and How a Parent Can Change a Parenting Plan

Discussing when and how to divide child custody and visitation is one the more contested issues when couples decide to separate and divorce, as it is a topic central to being a good and present parent. Forming compromises that adequately address the needs of the child and the rights of the parents is a difficult process, but Florida law requires all divorcing parenting to create a parenting plan. A parenting plan lays out the duties and responsibilities of each parent and includes a time-sharing schedule so that both parents know when the child will stay in each household. Crafting a parenting plan that will work through all stages of a child’s life is exceedingly hard because inevitably circumstances will arise that greatly change the needs of the child and the ability of the parents to maintain the same arrangement. Wanting to make changes to custody and/or time-sharing schedules during the school year can be especially difficult as parents try to balance what works for all parties with the need to provide consistency for the child. However, sometimes changes are necessary, but in order to protect the interests of the child and rights of parents, modifications of parenting plans should be approved by the court.

Basic Standard for Modification

The legal system always wants to promote cooperation among parties because it lessens the likelihood of a dispute, so if the parents are able to agree on changes to the parenting plan, they are not technically required to get court permission. However, these changes should be memorialized in writing and submitted to the court to ensure each parent knows what their obligations are, and to protect against one parent later claiming there was no agreement. If the parents cannot agree on changes or a parent refuses to even consider altering the current arrangement, the only option is to get a court order modifying the parenting plan. Note that a judge will not decide on a petition for modification until a hearing is held where each party has an opportunity to present his/her side.

Florida law states that any change to parenting plan or time-sharing schedule is only permitted if there is a “substantial, material, and unanticipated change in circumstances.” This standard is fairly ambiguous, and what it means in practice can vary from judge to judge, but basically, there needs to have been some change that is fairly permanent the parties had no way of anticipating when the original parenting plan was created. However, like all family law cases, the ultimate deciding factor is what in the best interests of the child.

Circumstances that Warrant Changes

Because the statute does not define what a substantial, material, or unanticipated change is, courts must look at the facts of each individual case to determine if a change is justified. Looking at past cases, circumstances that would likely justify a modification of the parenting plan include:

• efforts by one parent to alienate the child from the other parent;
• failure to comply with the parenting plan;
• a parent’s interference with other parent’s time with the child;
• blocking a child from calling the other parent;
• making false accusations of abuse against the other parent; and
• misleading the court in order to gain custody.

Contact a Family Law Attorney

If you have concerns about your current parenting time plan or wish to make changes, speaking with a knowledgeable family law attorney can help by informing you about your legal options and the procedure that is best suited to meet your goals. The Tampa Bay law firm of All Family Law Group, P.A. will work to tailor child custody and visitation arrangements that are best for you and your child.  Contact the Tampa divorce attorneys and family lawyers at All Family Law Group, P.A. in Tampa Bay at 813-816-2232 for a consultation at no charge or email us.

By Lynette Silon-Laguna Google+

Re-Establishing Contact with Your Children after a Divorce

In some circumstances, divorce also means a temporary severance between a child and one parent. The reasons for separation are many, including isolation due to a physical or mental condition, substance abuse, maltreatment, relocation, or other breakdown in the parental relationship. Unfortunately, along with a divorce, the affected parent will be restricted from time-sharing or visitation with the child. Regardless of the circumstances surrounding the divorce, and the reasons for separation from the child, it is important to ensure a path to reunification as part of your divorce case, and the terms of your final decree of dissolution. In Niekamp v. Niekamp, No. 2D14-728, Fla. 2nd DCA 2015, Mr. Niekamp challenged several issues related to the final judgement in his divorce case, including how the divorce court handled the potential for reunification with his children.

Facts of the Case: Being Separated from Your Children

The Niekamps were married for 22 years and had two children within the marriage. In the 10 years preceding their separation, Mr. Niekamp worked in the home and assumed child care responsibilities while Ms. Niekamp operated a business. Based on the facts provided by the appellate court, Mr. Niekamp suffered from mental health issues, which, among other facts, provided an obstacle to shared parental responsibility. Ms. Niekamp was awarded sole parental responsibility after the court determined that shared responsibility and timesharing would be detrimental to the children. Like many individuals facing these circumstances, Mr. Niekamp was prohibited from contact with his children and, as the appellate court noted, was even denied the opportunity to speak to his children over the telephone. Although Mr. Niekamp was to be separated from his children for the time being, the court did grant Mr. Niekamp’s request for therapeutic reunification with his children.

Reunification: Protecting Your Rights as a Parent During Separation

The judge in Mr. Niekamp’s case designated a therapist to oversee the reunification process, which is designed to re-establish a supportive parent-child relationship. The problem with the court’s initial judgment, and one of the reasons for Mr. Niekamp’s appeal, was that the court neglected to provide any insight as to how Mr. Niekamp could advance the reunification with his children, other than participate in the therapy as dictated by the therapist. The appellate court agreed with Mr. Niekamp, and affirmed the fact that as part of any judgment that suspends a parent’s right to see their child subject to reunification, the court must specifically identify the steps the separated parent can take to re-establish timesharing of the children. If you are facing the suspension of your rights and separation from your children as part of your divorce, you need to ensure that the court provides specific expectations and steps you can take to regain contact with your children beyond the general requirement that you participate in therapeutic reunification.

Need Help?

The divorce attorneys at All Family Law Group, P.A. have the experience necessary to protect your interest during your divorce. If you need help or have questions about your divorce, contact the Tampa family and divorce lawyers at All Family Law Group, P.A. in Tampa Bay at 813-816-2232 for a consultation at no charge or email us.

By Lynette Silon-Laguna Google+