What Happens When One Parent Violates A Parenting Plan In Florida?

During divorce, you have to determine issues of child custody. This means deciding which parent the child will live with, which parent has decision-making authority over the child, and a visitation schedule that allows the child access to both parents. Once the court approves a parenting plan, it can be difficult to modify. If one parent decides to violate the terms of the parenting plan, they can face certain penalties. In this article, the Orlando child custody lawyers at Greater Orlando Family Law will discuss what happens when one parent violates a parenting plan in Florida.

What are the penalties for violating a parenting plan in Florida? 

The terms within a parenting plan are legally binding for both parties. If one party violates the terms of the parenting plan, the court can impose sanctions on that parent. These include:

• Giving the wronged parent more time with the child
• Sentencing the non-compliant parent to community service
• Ordering the non-compliant parent to attend parenting classes
• Modifying the original parenting plan (when it is in the best interests of the child)
• Ordering the non-compliant parent to pay the attorney fees and court costs incurred by the wronged parent in enforcing the parenting plan
• Holding the non-compliant parent in contempt of court, fines, and potential jail time

A better option than violating the parenting plan is petitioning the court for a modification of the custody order so that you don’t violate the terms.

How do I modify a parenting plan in Florida? 

There may be some valid reason that you cannot follow the terms of the existing parenting plan. For example, your job requirements may have changed after the initial order was entered. You could be experiencing an illness that limits your ability to parent effectively. In some cases, the issue could be with the other parent.

If you have a valid reason, you can petition the court for a modification to the original parenting plan. The process is made much easier if the other parent agrees to your modifications. On the other hand, they may refuse to work with you. In that case, you would have to convince a judge that modifying the original parenting plan is in the child’s best interests.

To convince a judge that you need to modify your parenting plan, you will have to establish that a “substantial and unanticipated” change in circumstances justifies the modification. Your attorney would guide you through the process of creating a compelling argument to convince the judge that modifying the plan is in the child’s best interests.

Talk to an Orlando, FL Child Custody Attorney Today 

Greater Orlando Family Law represents the interests of parents in child custody disputes. If you need to change the order, don’t unilaterally decide to violate the terms of the parenting plan. Instead, contact a child custody lawyer who will help you modify the original parenting plan. Call our Orlando family lawyers today to schedule an appointment, and we can begin discussing your next steps right away.