By Leisa Wintz, Esq. · Family Matters Law Group, P.A.

In Florida, what most people think of as a “custody agreement” is legally called a parenting plan — the court order that sets out timesharing (where the child spends time) and parental responsibility (who makes decisions for the child). Parenting plans aren’t permanent and unchangeable, but modifying one requires more than just a change of heart.

Timesharing and Decision-Making: The Two Parts of a Parenting Plan

Every Florida parenting plan addresses two distinct concepts:

• Timesharing — the actual schedule of when the child is with each parent.
• Parental responsibility — who has authority to make major decisions about education, healthcare, and religious upbringing (shared or, in limited cases, sole).

What It Takes to Modify a Parenting Plan

You can’t modify a parenting plan just because you’d prefer a different schedule now. Florida requires proof of a substantial, material, and unanticipated change in circumstances since the last order was entered, and that the proposed modification is in the child’s best interests. Common examples include:

• A parent relocating
• A significant change in either parent’s work schedule
• Documented safety concerns that have arisen since the last order
• A parent consistently failing to exercise their scheduled timesharing

The Modification Process

To modify a parenting plan, the parent seeking the change files a Supplemental Petition to Modify with the court, laying out the changed circumstances and the requested modification. The other parent has the opportunity to respond, and if the parties can’t agree, the case proceeds much like the original custody determination — potentially involving mediation, a Guardian ad Litem, or a hearing.

Why “We Both Agree” Still Requires a Court Order

Even when both parents agree informally to a different schedule, that agreement isn’t enforceable unless it’s incorporated into a new or amended court order. Without a formal modification, the original parenting plan remains the legally binding document — which matters if the informal arrangement later breaks down and one parent needs to enforce the “old” terms.

Get Help Modifying Your Parenting Plan

Whether your circumstances have genuinely changed or you’re responding to a modification request from the other parent, Family Matters Law Group, P.A. can help you build the case for — or against — a change. Schedule a consultation to discuss your situation.