Shared Parenting Change to Florida
by Anonymous from Florida
Shared Parenting Change to Florida: My ex and I have a shared parenting plan that was established in another state prior to relocating to Florida. It unfortunately is not conducive to neither of our working schedules and we cannot agree on a fair compromise. How do I file with Florida for a new hearing?
Answer to Florida Divorce Question
Dear Anonymous,
You can file a Supplemental Petition for Modification of Parenting Plan Time-Sharing Schedule and Other Relief,
Form 12.905(a).
Along with that form you also must file a Parenting Plan, which can be filed as a proposed parenting plan if you and your ex have not yet agreed on a time-sharing arrangement.
Depending upon how far apart you live, you may use either the Relocation/ Long Distance Parenting Plan, or the regular Parenting Plan.
Those forms and others are available on the Florida Supreme Court's website, www.flcourts.org. You don't mention how long you have lived in Florida; or whether your ex also lives in Florida; or whether the children now live in Florida.
If you are the only party who has relocated to Florida and the children remain in another state with your ex, then it is most likely that other state which retains jurisdiction.
If, however, all of you have relocated to Florida, then Florida is the correct state in which to modify your parenting plan. These are federal rules, part of the Uniform Child Custody Jurisdiction Enforcement Act (UCCJEA).
The purpose of these laws is to ensure that there are not conflicting court orders concerning the same children in different states.
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