By Leisa Wintz, Esq., Florida family law attorney and mediator, FL Bar No. 64399 — practicing family law for 18 years.
A follower recently asked us for a video on petitions to modify parenting plans — so here is the longer answer. To change a parenting plan or time-sharing schedule in Florida, you must prove two things: that a substantial and material change in circumstances has occurred since your last order, and that the change you are asking for is in the best interests of your child. Fla. Stat. § 61.13(3). That first requirement trips up more parents than any other part of the process, because what feels like a big change in your life is not always a substantial change in the eyes of the court.
What does Florida law require before a judge will modify a parenting plan?
Florida law does not allow a judge to modify parental responsibility, a parenting plan, or a time-sharing schedule without a showing of a substantial and material change in circumstances — plus a determination that the modification is in the best interests of the child. Fla. Stat. § 61.13(3).
In plain English: something big has to have happened since the judge signed your last order. Not an ordinary life shift. Not “the schedule is inconvenient now.” A significant event or set of circumstances that genuinely changes the picture for your child.
The parent asking for the change carries the burden of proving it. Courts treat final parenting plans as settled for a reason — children need stability, and judges do not reopen custody arrangements every time co-parenting gets hard.
What counts as a substantial and material change in circumstances?
There is no checklist in the statute, and that is exactly the point — it could be a lot of different things. What courts are looking for is a real, significant change that affects the child’s welfare, not a change that existed (or was foreseeable) when your current order was entered.
Think in terms of events that materially alter a child’s day-to-day reality: a serious change in a parent’s living situation, a child’s safety or wellbeing being affected, a parent’s sustained inability to follow the existing plan, or circumstances around the child that look fundamentally different than they did when the judge approved your plan.
What might NOT count — even though you would assume it does?
This is where parents get surprised. Florida courts have found that some changes you would absolutely presume qualify may not meet the standard, depending on the facts. Two examples we see come up:
A parent getting clean after substance abuse
If substance abuse was already part of the case when your plan was entered, a parent achieving sobriety afterward — even sustained sobriety — may not, by itself, be treated as a substantial change. It can feel counterintuitive, but courts have reasoned that recovery was contemplated as a possibility from the start. Whether it qualifies depends heavily on the specific facts and what the original order anticipated.
A move
Not every relocation is a substantial change either. Florida has an entire separate statute governing relocation with a child (Fla. Stat. § 61.13001), and a move that does not meaningfully affect the time-sharing schedule may not justify modifying the plan. One notable exception is written into the statute: if the parents were living more than 50 miles apart when the last time-sharing order was entered and one parent later moves within 50 miles of the other, that move may be considered a substantial and material change — so long as the modification is in the child’s best interests. Fla. Stat. § 61.13(3).
Did the standard change recently?
Yes. In 2023, the Florida Legislature removed the word “unanticipated” from the test. For years, parents had to prove the change was substantial, material, and unanticipated — meaning courts could deny a modification simply because the change could have been foreseen. Today, the statute requires a substantial and material change plus the child’s best interests. That is a meaningful shift, and it is one reason older articles (and older advice) about Florida modifications can steer you wrong.
How do you actually ask the court to modify a parenting plan?
The vehicle is a supplemental petition for modification, filed in the same court that entered your current order. The other parent is served and has the opportunity to respond, and the case proceeds much like the original one — including mediation in most circuits before you ever see a judge. Many modification cases settle at mediation with an agreed-upon updated plan, which the court must still approve.
Why talk to an attorney first?
Because this area is very fact-specific. The same event — a move, a new job, a recovery, a remarriage — can be a substantial change in one family’s case and not in another’s, depending on what your current order says, what the court knew at the time, and how the change actually affects your child. Before you spend the filing fee and months of your life on a supplemental petition, it is worth having a consult with an attorney who can tell you honestly whether your facts clear the bar.
At Family Matters Law Group, you have options at every budget level: full Legal Representation, DIY Legal Coaching if you plan to represent yourself with attorney guidance, Mediation, and Guardian ad Litem services. And our newly redesigned website has a search box with answers to hundreds of Florida family law questions — start there, or start with us.
Frequently asked questions
Can we change our parenting plan if both parents agree?
Yes — an agreed modification is far simpler, but it is not official until a judge approves it and it becomes a court order. A handshake deal or text-message agreement is not enforceable, and the last signed order controls until it is formally modified.
Is there a waiting period before I can file to modify?
No set waiting period. What matters is that the substantial and material change happened after your current order was entered, and that you can prove it.
What is the 50-mile rule for modification?
If the parents lived more than 50 miles apart when the last time-sharing order was entered, and one parent later moves within 50 miles of the other, Florida law says that move may be considered a substantial and material change in circumstances for purposes of modifying time-sharing. Fla. Stat. § 61.13(3).
Do I need a lawyer to file a supplemental petition for modification?
You are allowed to file on your own. But because the substantial-change standard is so fact-specific, at minimum have a consultation before you file. If full representation is not in your budget, DIY Legal Coaching gives you attorney guidance while you handle the case yourself.
The bottom line
Florida courts will not modify a parenting plan just because life moved on. You need a substantial and material change in circumstances since your last order, and the change must serve your child’s best interests. Some changes you would presume qualify may not — and some you would never think of do. Get your specific facts in front of an attorney before you file.
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This article is general legal information about Florida law, not legal advice for your specific situation, and reading it does not create an attorney-client relationship. Every case is fact-specific — consult a Florida family law attorney about your own circumstances.