2011 FL 12.995(b)-2025

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If youre dealing with a co-parent who isnt following the parenting plan, you have several options under Florida law. You can file a motion for enforcement with the court if mediation does not resolve the issue. This asks the court to compel the other parent to comply with the existing plan.
Florida courts prefer couples to create a parenting plan together and present a draft to the court. If the parents cannot agree, the court will develop a binding plan. In either case, you need a skilled divorce attorney to protect your interests.
The wait time for a modification hearing depends on the courts calendar and how it prioritizes requests. Parents may wait a couple weeks or a few months, though they can request an expedited hearing if the children face immediate risk. Parents must follow the most recent orders while they wait.
The new law establishes a rebuttable presumption that equal timesharing (50/50 custody) is in the best interest of the child. Unless compelling reasons exist, courts will lean toward equal parenting time.
Filing a petition for modification: You must file a supplemental petition to modify parental responsibility, visitation, time-sharing schedule, or other parts of your parenting plan. You must also notify the other party that you are seeking changes. They then have 20 days to respond.
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Alternative dispute resolution (ADR) is a popular avenue for parents trying to arrange or modify custody agreements in California. Through ADR, you could achieve an official, legal custody modification without going to court. ADR is not a custody trial.

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