Can I Immediately Request 50/50 Timesharing After Moving Back to Florida?
QUESTION:
I previously moved out of Florida to complete a nursing program. During that time, my child lived primarily with the other parent in Florida, and I paid child support. I have now moved back to Florida permanently so that I can live near my child and be more involved in daily parenting.
I would like the court to modify the current parenting plan to provide equal, 50/50 timesharing and to recalculate child support accordingly. The other parent does not agree. Is there a waiting period before I can file for a modification after returning to Florida, or can I file immediately?
ANSWER:
There is generally no required waiting period before you can file to modify a Florida parenting plan after moving back to the state. You would, however, still need to show a substantial and material change in circumstances since the last order and that a revised time-sharing schedule is in your son’s best interests. Florida law permits the court to consider a move within 50 miles of the other parent as a potential substantial and material change. That does not guarantee 50/50 time-sharing, but it can provide a basis to ask the court to reconsider the schedule. Please also note that if the time-sharing schedule changes, child support may also need to be recalculated.
Mediation may also be a productive option. If both parents are willing to negotiate in good faith, mediation can help you develop a revised parenting plan and time-sharing schedule without waiting for the court to decide every issue. If you reach an agreement, it should be put in writing and submitted to the court for approval. Until there is an agreement approved by the court or a new court order, continue following the current parenting plan. A Florida family-law attorney can review the existing order, proposed schedule, and child-support implications.