Can I change the parenting plan?
Yes, Florida law does allow for a modification of the parenting plan if there has been an unanticipated and substantial change in circumstances. Additionally, the law requires that proposed changes be in the child’s best interest.
What if my child does not want to stay with the other parent?
Minor children do not have the authority to decide which parent they will live with. The child’s preference can be a factor the judge considers but will not be dispositive. Instead, the judge will review all the details and decide the case based on the child’s best interest.
Do I need a lawyer to change the parenting plan?
A petition to modify the parenting plan will need to be filed with the court and approved by the judge. You are not required to hire an attorney, but it is recommended to obtain an attorney.
Do I need permission to move with the child?
Generally, Florida custody law requires parents who want to move more than 50 miles away to either obtain consent from the other parent or the judge assigned to the case. Failure to obtain approval from the other parent or court before relocating can result in contempt of court and sanctions being issued.
Can I move out of state with my child?
Florida custody law can require parents who want to move more than 50 miles away to either obtain consent from the other parent or the judge assigned to the case. Failure to obtain approval from the other parent or court before relocating can result in contempt of court and sanctions being issued.
