I Want To Modify Our Parenting Plan – How Can We Accomplish This?

Consider the Best Interest(s) of the Child(ren):

When establishing or modifying parental responsibility and/or a parenting plan, including a timesharing schedule, the best interest of the child remains the primary consideration.

A presumption that an established timesharing schedule is in the best interest of the child(ren) is created when ratified by the Court. In order to modify that which is already in existence, there must be a showing of substantial, material, and unanticipated change in circumstances and a determination that the modification is in the best interest of the child(ren). This is an extraordinary burden to meet.

What Does Not Constitute A Substantial Change In Circumstances?

The following are holdings in cases that were found not to meet the “extraordinary burden” in prove a substantial change in circumstances:

1. An “acrimonious relationship” between parents and a “lack of effective communication” does not rise to a substantial change in circumstances. Sanchez v. Hernandez
2. Inability of parents to communicate does not amount to a substantial change in circumstances. McKinnon v. Staats
3. Relocation of 45 miles does not meet a substantial change of circumstances for modification. Hollis v. Hollis

If you are wanting to modify and existing Parenting Plan or Parental Responsibility because of a change in circumstances, call our office today at (813) 519-5919 to schedule an initial consultation to discuss. We are here to help!