Updated for 2025 | Casella Law Group
A Comprehensive Legal Guide to Modifying a Parenting Plan in Venice, Sarasota County, Florida
Parenting plans are crucial tools in Florida family law. When parents separate or divorce, courts use parenting plans to define how time-sharing and parental responsibilities will be handled. These legally binding agreements establish when children spend time with each parent and who makes key decisions regarding education, healthcare, and daily life. However, life is unpredictable—and what worked well for a family at the time of divorce may not always remain practical or in the child’s best interest.
If you're wondering how to modify a parenting plan in Florida, you're not alone. Life circumstances change—parents move, children grow, schedules shift, and relationships evolve. Fortunately, Florida law allows for the modification of parenting plans under certain conditions. At Casella Law Group, based in Venice, FL, we help parents navigate the complexities of family law and ensure their parenting plans reflect their current needs.
In this post, we’ll walk you through everything you need to know about modifying a parenting plan in Florida, including:
What a parenting plan is
Legal standards for modification
Valid reasons for requesting a change
The steps in the modification process
Common challenges
Tips for success
How our family law attorneys can help
What Is a Parenting Plan in Florida?
A parenting plan is a written document approved by the court that outlines how divorced or separated parents will share responsibilities for raising their children. Under Florida Statutes §61.13, parenting plans must include:
A detailed time-sharing schedule
Methods for communication between the child and each parent
Designation of who will make decisions about education, healthcare, and other matters
Transportation arrangements
Provisions for parental communication and conflict resolution
Parenting plans are designed with the child’s best interests as the guiding principle. Once approved by the court, a parenting plan has the same enforceability as any other court order.
Can a Parenting Plan Be Changed?
Yes—but not easily. Florida courts do not modify parenting plans lightly. Once a plan is finalized, the law presumes stability is in the child's best interest. That said, the law also recognizes that life changes, and parenting plans must sometimes change, too.
To modify a parenting plan in Florida, the parent requesting the change must show:
A substantial, material, and unanticipated change in circumstances, and
That the proposed modification is in the best interests of the child.
Both of these elements are required. If either is missing, the court will likely deny the request.
What Qualifies as a Substantial Change in Circumstances?
Florida courts evaluate modification requests on a case-by-case basis. The phrase “substantial, material, and unanticipated” is purposefully strict, to avoid constant litigation. Below are examples that may justify a parenting plan modification:
Relocation. If one parent intends to move more than 50 miles from their current residence for 60 days or more, this can affect the time-sharing schedule. This type of change is governed by Florida’s Relocation Statute (§61.13001) and often justifies a modification.
Changes in Employment. A significant change in work schedule (e.g., night shift to day shift, travel requirements, job loss) can impact a parent's availability and may warrant modification.
Child’s Changing Needs. As children grow older, their educational, medical, or extracurricular needs may change. If the current schedule no longer supports those needs, modification may be justified.
Parental Misconduct. Substance abuse, domestic violence, child neglect, or exposing a child to unsafe environments are serious grounds for seeking a modification.
Parental Alienation. If one parent is intentionally obstructing the child’s relationship with the other parent, the court may consider modifying the parenting plan to protect the child’s best interest.
Changes in the Child’s Preference. In some cases, the child's mature and well-reasoned preference—especially for older children—may be considered in court when determining what is in their best interest.
What Is NOT a Valid Reason for Modification?
Minor disagreements or parenting style differences
The child simply wanting to live with the other parent, without valid justification
Slight scheduling conflicts that can be resolved informally
Dislike or mistrust of the other parent without evidence of harm
Steps to Modify a Parenting Plan in Florida
Here’s a step-by-step breakdown of how the modification process works:
Attempt Informal Agreement (Optional but Recommended). Before going to court, try to reach an agreement with the other parent. If you can mutually agree on a new parenting plan, you can present it to the court for approval without litigation. Courts generally prefer cooperative solutions.
File a Supplemental Petition to Modify Parenting Plan. If an agreement isn’t possible, the requesting parent must file a Supplemental Petition to Modify Parental Responsibility, Visitation, or Parenting Plan/Time-Sharing Schedule (Form 12.905(a)) in the circuit court where the original parenting plan was filed.
Serve the Other Parent. Once the petition is filed, the other parent must be formally served with notice and given a chance to respond.
Parenting Course and Mediation. Both parties may be required to take a Parent Education and Family Stabilization Course and participate in mediation to attempt resolution before trial. Mediation is often successful in reaching compromises and avoiding court.
Discovery and Evidence Gathering. If no agreement is reached, both sides gather evidence to support their case—such as text messages, school records, financial information, or witness testimony.
Court Hearing or Trial. A judge will review the evidence and determine whether the request meets the legal standard. You must convincingly prove both that a substantial change has occurred and that your proposed plan is in the child’s best interest.
Factors Courts Consider When Determining the Child’s Best Interests
Florida law outlines several criteria that judges must consider when evaluating parenting plans. These include:
The child’s age and developmental needs
Each parent’s ability to provide a stable, loving environment
The physical and mental health of each parent
The child’s relationship with each parent
Continuity and consistency in the child’s life
Each parent’s willingness to facilitate a close relationship with the other parent
History of domestic violence or abuse
Geographic distance and travel burdens
The overarching goal is to promote the child's long-term well-being—not the preferences of either parent.
How Long Does the Modification Process Take?
The timeline varies depending on the complexity of the case and whether the parties can reach an agreement. Cases that settle in mediation may be resolved within a few months. Contested cases that go to trial can take 6 to 12 months or longer.
Can a Temporary Modification Be Granted?
Yes. If there’s an urgent need—such as abuse or neglect—courts can issue a temporary modification pending the final outcome of the case. You must file a Motion for Temporary Relief and present convincing evidence.
What If the Other Parent Violates the Parenting Plan?
If your co-parent refuses to follow the current plan, you have several options:
File a Motion for Civil Contempt/Enforcement
Request make-up time-sharing
Pursue modification if violations are persistent and harmful
Violation of court-ordered parenting plans can result in fines, changes to the plan, or even loss of time-sharing rights.
Tips for a Successful Parenting Plan Modification
Keep Records. Document any significant changes, communications, and time-sharing violations. Detailed records carry weight in court.
Focus on the Child. Always frame your request in terms of how the change benefits the child—not how it benefits you.
Remain Cooperative. Judges favor parents who demonstrate cooperation, maturity, and willingness to co-parent peacefully.
Seek Legal Advice. Family law is complex. An experienced attorney can help ensure your petition meets legal requirements and advocate for your rights in court.
FAQs: Parenting Plan Modification in Florida
Do I need a lawyer to modify a parenting plan in Florida?
While it’s possible to file without a lawyer, family law cases can become complex quickly. Legal representation greatly increases your chances of a successful outcome—especially if the other parent contests the modification.
Can we modify the plan without going to court?
Yes, if both parents agree. You can submit a signed, updated parenting plan to the court for approval without a hearing.
Will the court consider my child’s preference?
Possibly. The court may consider the child’s preference depending on the child's age, maturity, and reasons.
Can child support be modified along with the parenting plan?
Yes. A change in time-sharing often affects child support. Courts will recalculate support based on the new arrangement and income of both parties.
Casella Law Group: Helping Families Throughout Venice, Sarasota County, Florida
If you're considering modifying a parenting plan in Venice, FL or the surrounding areas of Sarasota County, the Casella Law Group is here to help. With decades of experience in Florida family law, we provide:
Personalized legal strategies
Aggressive courtroom advocacy
Compassionate, client-focused support
Knowledge of the local legal landscape in Venice and Sarasota County
We work closely with parents to help them adjust their parenting plans in ways that are legally sound, practical, and—most importantly—beneficial for their children.
Let us help you protect your parental rights and your child’s best interests. Call (941) 234-1432 or complete our contact us form to speak to an experienced family law attorney today.