What Are the Penalties for Violating a Parenting Plan in Florida?

In Florida, child custody cases are decided based on the best interests of the child. Parents are encouraged to develop a parenting plan that reflects these interests. Once the court approves a parenting plan, it is a legally binding document that must be followed. The court can enforce its terms and impose penalties for any violations.

What Is Included in a Florida Parenting Plan?

Florida law requires a parenting plan to include:

  • A detailed explanation of how the parents will divide and be responsible for the daily tasks necessary to raise their children;
  • A time-sharing schedule that provides when the children will spend time with each parent;
  • A designation of which parent will be responsible for healthcare decisions, school-related matters, and other activities; and,
  • The methods and technologies the parents will use to communicate with their children.

It is public policy in Florida that a minor child has continued and frequent contact with both parents. Parents are encouraged to share the responsibilities and rights of child-rearing. Generally, there is a rebuttable presumption that equal time with each parent is in a child’s best interest.

Parents can negotiate the terms of a parenting plan and propose them to the court. However, a judge must review the parenting plan to ensure that it is in the child’s best interest. The court has the authority to change any terms that are not in the best interest of the child.

When parents dispute custody or cannot agree on how to divide parenting responsibilities, the judge decides for them. Judges consider various factors, including the child’s current living situation, the child’s needs, the ability of each parent to care for the child, and the child’s relationship with each parent. Judges must consider all factors that affect the child’s welfare and interests.

What Penalties Can the Court Impose if a Parent Violates a Parenting Plan in Florida?

A parenting plan is a court-approved order. The terms within the plan are legally binding on both parties. If a party violates the terms of a parenting plan, the court may take several steps. 

Failure to comply with a parenting plan could result in various penalties, including:

  • Giving the wronged parent extra time with the child
  • Sentencing the non-compliant parent to perform community service
  • Ordering the non-compliant parent to attend parenting classes
  • Modifying the parenting plan if that is in the best interest of the child
  • Ordering the non-compliant party to pay the attorney’s fees and legal costs incurred by the other parent in enforcing the parenting plan
  • Holding a parent in contempt of court, which could result in fines and jail time

The reasons for violating a parenting plan vary. However, you might be able to avoid problems if you petition the court to modify your child custody arrangement so that you don’t violate the terms.

Modifying a Parenting Plan in Orlando, FL

There may be valid reasons why you cannot follow the terms of your parenting plan. Your job requirements may have changed since the original custody order was entered. You might have a new family or a health condition that limits your parenting abilities. The issue could be with the other parent or with the child.

You can petition the court for a modification when things change that impact your parenting plan. The process can be easier if your child’s other parent agrees to the modifications. However, if they refuse to work with you to modify the parenting plan, an Orlando child custody lawyer can file a motion with the court.

You must prove that a substantial and unanticipated change in circumstances justifies changing the parenting plan. As with the original custody order, the judge decides the matter based on the child’s best interest. An attorney can help you develop a compelling argument to convince the judge that modifying the parenting plan is in the best interests of your child.

If you have questions about violations of a parenting plan or custody arrangement, contact our Orlando child custody attorneys for a free consultation. The sooner you seek legal advice, the better you can protect your parental rights and your child’s well-being. 

Contact Our Child Custody Law Firm in Orlando, FL

Contact the experienced Orlando child custody lawyers at McMichen, Cinami & Demps today for legal assistance. Contact our Orlando, FL office at (407) 898-2161 to schedule a free consultation.

McMichen, Cinami & Demps – Orlando Office
1500 E Concord St
Orlando, FL 32803