How to Modify Parental Responsibility or Time-Sharing

What is a modification action?

A modification action is a post-judgment proceeding to change an existing court order about parental responsibility, time-sharing, or child support. In Florida, you initiate a modification by filing a Supplemental Petition (not a new petition). The form used depends on whether you are married (Supplemental Petition to Modify Final Judgment, Form 12.905(a)) or unmarried (Supplemental Petition for Modification of Parenting Plan, Form 12.905(b)).

The substantial change in circumstances standard

To modify parental responsibility or time-sharing in Florida, you must show three things under § 61.13(3):

• A substantial, material, and unanticipated change in circumstances has occurred since the last order
• The change was not anticipated at the time the original order was entered
• The modification is in the best interest of the child

The change must be significant — courts do not modify orders for minor inconveniences or circumstances that were predictable at the time of the original order.

Common reasons courts grant modifications

• One parent is relocating (see Florida's relocation statute, § 61.13001)
• A parent's work schedule has changed significantly, making the current time-sharing schedule unworkable
• New safety concerns have emerged (domestic violence, substance abuse, neglect, or exposure to harmful individuals)
• The child has changed schools or activities requiring a different schedule
• One parent is consistently violating the current Parenting Plan
• The child has reached an age or maturity level where their preference weighs more heavily

Relocation: special rules under § 61.13001

Florida has specific requirements for any parent who wants to relocate more than 50 miles from their current principal residence for more than 60 consecutive days. Under § 61.13001:

• You must provide written notice to the other parent by certified mail, including the new address, phone number, proposed new Parenting Plan, and the reason for the move
• The other parent has 30 days to object in writing
• If the other parent objects, you cannot relocate until the court holds a hearing
• If there is no objection within 30 days, you may relocate without a hearing

Forms you will need

A modification case typically involves the following Florida standardized forms:

• Form 12.905(a) — Supplemental Petition to Modify Final Judgment (for dissolution cases)
• Form 12.905(b) — Supplemental Petition for Modification of Parenting Plan (for paternity cases)
• Form 12.902(b) or 12.902(c) — Financial Affidavit (required if child support is involved)
• Form 12.995(a) — Parenting Plan (proposed modified plan)
• A supporting affidavit describing the substantial change in circumstances (must be notarized)

Process overview

1. File the Supplemental Petition at the Circuit Court clerk's office (or via e-filing portal)
2. Serve the other parent with the Supplemental Petition and a summons through a process server or sheriff
3. The other parent has 20 days to file a response
4. Attend mandatory mediation — required in all contested modification cases
5. If mediation fails, the court schedules the case for a final hearing
6. The judge issues a modified order based on the evidence and best interest of the child

Temporary orders during the modification

If there is an urgent need to change the time-sharing schedule while the modification case is pending, you can file a motion for temporary relief. The court can enter a temporary order that stays in effect until the final hearing. Temporary orders require a separate hearing and typically require showing an immediate, documented need.

Existing orders remain in effect until modified by the court. Do not unilaterally change the time-sharing schedule — doing so can expose you to a contempt finding.