PARENTING PLAN ENFORCEMENT
& MODIFICATION ATTORNEYS

We all want what’s best for our children. Unfortunately, divorce can cause them emotional stress so it’s important to ensure your child will be in a safe, healthy, and loving environment as your family adjusts to their new circumstances. An effective and consistent parenting plan can help provide a stable environment.

However, sometimes situations change and modifications or enforcement actions must be pursued. As family law attorneys, we’ll fight to protect your rights and your children. At Fournier Law, we offer specialized, personal care. Contact us today to schedule a consultation.

PARENTING PLAN ENFORCEMENT

A court-ordered parenting plan is to be followed by all involved parties. When one of the parties fails to abide by the provisions set forth in the plan, the other parent may need to take legal action and pursue enforcement orders. When this is necessary, the following steps will help you prepare:

• Review your existing parenting plan carefully. The first step is to make sure rules are actually being broken. Parenting plans that were created without an attorney’s guidance can often be vague and thus dispute-inducing. It’s equally important to ensure that you are upholding your part of the parenting plan.
• Gather evidence. To show that a parenting plan isn’t being followed, you’ll need to gather as much evidence as possible to support your argument. Keep records of missed or late visits and any relevant communication with the other parent.
• Contact an attorney. Once you’ve decided you have a case and gathered evidence, reach out to an experienced family law attorney so they can guide you through the process efficiently, correctly, and amicably.
• File the appropriate paperwork with the court. Your attorney can help you file the appropriate order with the court to open your case.
  

PARENTING PLAN MODIFICATION

Sometimes, life and situations change such that the existing parenting plan no longer meets the needs of the parties and children.  As a result, parenting plans must change to meet our needs and the needs of our children. However, in order for the court to grant a modification, there must be a substantial, material and unanticipated change in circumstances since the last order. For example:

• Lost job/reduced hours.*
• Child no longer lives with the parent who was receiving support.
• Deployment without a specific return date.

*Changes in hours and job status are especially prevalent amidst COVID-19. Courts are encouraging parents to work together to find a suitable arrangement to fluctuating circumstances.

If both parents agree to the modification, then, a new agreement can be drafted, signed, and sent to the court for approval. Where the parents don’t agree to the terms of the modification, it will be up to the court to decide whether a modification is warranted. The best interest of the child will always be the primary focus and guide the decision-making process.

Relocation

According to Florida Statute 61.13001, “relocation” is a change in the location of the principal residence of a parent from their primary place of residence. The change of location must be at least 50 miles from their current residence and for at least 60 consecutive days.

When relocation is requested, the parents may come to an agreement on a new parenting plan by signing a written agreement that specifies the terms of the move and new parenting plan. The agreement must, at a minimum,:

• show that both parents agree to the relocation,
• designate a time-sharing schedule for the non-relocating parent, and
• specify how transportation of the child will be handled for visitation periods.

If the parents don’t agree to the relocation, the parent wanting to move must file a petition to relocate with the court prior to relocating outlining specific factors; such as,  where the party is moving, where the child will attend school, how the time-sharing schedule will change, who will be responsible for transportation of the child, etc.