“The father/mother of my child and I just can’t follow our old parenting plan anymore.”
If this sounds like you—or someone you know—you’re not alone. This is a common situation for many divorced parents or those who’ve been through a paternity case in the past. Life changes, kids grow, and what worked a couple of years ago or months ago might not be working anymore. So what happens next?
Let’s break it down in plain English.
First, What Exactly Is a Parenting Plan?
In Florida, a parenting plan is a legal document that outlines how two parents will share responsibilities and time with their child. It covers everything from time-sharing (sometimes called “custody”) to decision-making about the child’s health, education, and extracurriculars.
Once it’s approved by the court, it becomes a binding court order—and that means both parents have to stick to it. But when life changes, the law allows you to ask the court to change the plan.
Can I Just Ask the Judge to Change It?
Not quite. Florida law doesn’t let you change your parenting plan just because it’s become inconvenient or you and the other parent are arguing more. You have to show two things:
- There has been a substantial and material change in circumstances, and
- Changing the parenting plan is in the best interests of the child.
So what does that really mean?
Let’s Talk About That Legal Lingo
Substantial Change
This means something big has happened—not just a minor bump in the road. It must be significant enough that the current parenting plan no longer makes sense.
Ask yourself: Has something changed that really affects how we parent or care for our child?
Material Change
This isn’t just a big change—it has to matter. It needs to affect your child’s life in a real and important way, not just your personal preferences.
Think: Does this impact my child’s development, stability, health, or emotional well-being?
What Are Examples of a Substantial and Material Change?
Here are common examples Florida courts recognize as reasons to modify a parenting plan:
Changes that often qualify:
- A parent moves far away, affecting time-sharing or school logistics.
- A child develops special needs—medical, educational, or emotional.
- One parent struggles with (or recovers from) substance abuse or mental health issues.
- There’s been domestic violence or abuse involved.
- A parent goes to jail or prison.
- One parent consistently violates the current parenting plan or alienates the child.
- A parent’s work schedule drastically changes, affecting their availability.
- A previously unfit parent has made positive life changes and is now able to be more involved.
Changes that often don’t qualify:
- You and the other parent aren’t getting along lately.
- Minor scheduling issues or your child joins a new afterschool activity.
- One parent remarries or has a new relationship.
- Temporary financial hardship.
One of the most common misconceptions: Poor communication between parents by itself isn’t enough. Florida courts have said that even if parents argue or can’t communicate well, that alone won’t justify changing the plan. There has to be more.
So What Do I Have to Do?
If you believe you meet the legal standard, you’ll need to file what’s called a Supplemental Petition to Modify Parenting Plan and Time-Sharing Schedule. This is filed in the same court where your original parenting plan was approved.
You’re the one asking for the change—so you have the burden of proof. That means it’s up to you to convince the judge that:
- Something substantial and material has changed since the last order, and
- Your proposed modification is in your child’s best interests.
Final Thoughts
Parenting plans aren’t set in stone. They’re designed to reflect what’s best for your child—and sometimes, what was best two or three years or months ago just doesn’t make sense anymore. If that’s the case, you don’t have to struggle through a plan that no longer works.
Just know that Florida courts take this seriously. You’ll need to come prepared with evidence and a strong explanation. But if the change truly supports your child’s needs, the law gives you a path forward.
Need help figuring out if your case qualifies? Our team is here to help walk you through your options and help you take the next step if it’s time for a change. Contact us today.
