Can You Modify a Parenting Plan Without Going Back to Court in Orlando?
Life has a way of outgrowing even the best parenting plan. A new job, a school change, or a teenager with a packed activity calendar can leave last year’s time-sharing schedule feeling out of step. Many Orlando parents hope they can simply adjust the plan between themselves. The honest answer is that you can often avoid a courtroom fight, but you usually still need a judge’s approval for the change to stick.
Why a Handshake Deal Falls Short
A parenting plan that a judge has approved is a court order, not a set of friendly guidelines. If you and your co-parent agree to a new routine out loud or over text, the original order stays on the books. Under section 61.13(4)(c), Florida Statutes, a parent who refuses to honor the time-sharing schedule without proper cause can face makeup time for the other parent, attorney’s fees, and other consequences. A casual agreement that sours later can leave you with very little protection.
What Parents Can Usually Handle Informally
Some adjustments are small enough that many co-parents manage them without involving the court. Examples may include:
- Trading a single weekend for a family event
- Moving an exchange time by an hour because of work or traffic
- Swapping a holiday for one particular year
Even then, keep a written record through email or text so there is no confusion later about what each of you agreed to. Anything that changes the regular schedule, the school designation, or where your child primarily lives should be made official.
The Agreed Modification Route
If you and your co-parent are on the same page, you can put the new terms in writing and ask the court to approve them. This path is typically faster and less expensive than litigation. It also carries a useful advantage. Section 61.13(2)(c)1. explains that when parents agree to a time-sharing schedule and the court approves it, the judge does not have to work through the full list of statutory factors and make detailed written findings the way they must in a contested case.
If Your Co-Parent Says No
When agreement is off the table, you will need to ask the court for a modification. Under section 61.13(3), you must show a substantial and material change in circumstances and that the change serves your child’s best interests. Florida dropped the older requirement that the change also be unanticipated.
The statute also addresses distance. If the parents lived more than 50 miles apart when the last order was entered and one later moves within 50 miles of the other, that move may count as a substantial and material change. You can generally file in the circuit court in the county where either parent and the child live, or in the court that issued the original order.
Update the Order Before You Update the Routine
If your family’s routine has changed, our Orlando child custody lawyers at the office of Steve Marsee, P.A. can review your current order, help you draft an agreement your co-parent will actually sign, and take your request to the judge when needed. We welcome your call at 407-521-7171 to talk through what is working, what is not, and the safest way to update your plan.
Source:
flsenate.gov/Laws/Statutes/2026/61.13