Modifying Time-Sharing in Florida: When and How to Change Your Parenting Plan in 2026

Can You Modify Time-Sharing in Florida? The Short Answer

Yes, you can modify time sharing in Florida, but you must prove that circumstances have substantially changed since your original order was entered. This is not a simple process of asking the court to reconsider its previous decision. Under Florida Statute 61.13, you need to demonstrate that a substantial, material, and unanticipated change has occurred and that modifying the parenting plan serves your child's best interests.

In my experience handling these cases across Florida, I have seen parents succeed with modification petitions when they approach the process strategically and understand exactly what the court requires. I have also seen well-meaning parents waste time and money filing premature petitions that courts quickly dismiss.

This guide will walk you through everything you need to know about modifying your parenting plan in 2026, from understanding the legal standard to navigating the actual filing process.

Understanding the Substantial Change Standard

Florida courts do not modify time-sharing arrangements simply because one parent is unhappy with the current schedule. The substantial change requirement exists to provide stability for children and prevent parents from constantly relitigating custody matters.

What Qualifies as a Substantial Change

The substantial change must be:

• Material: It must genuinely affect the child's wellbeing or the practical aspects of the current arrangement
• Substantial: Minor inconveniences or normal life changes typically do not qualify
• Unanticipated: The change was not reasonably foreseeable when the original order was entered
• Involuntary: In most cases, self-created changes do not meet the standard

Florida courts have recognized numerous circumstances that may justify a modification:

• A parent's relocation that significantly impacts the current schedule
• Documented substance abuse issues developing after the original order
• A child's changing needs as they grow older
• A parent's work schedule changes that make the current arrangement impractical
• Evidence of domestic violence or abuse
• A parent's consistent failure to follow the existing parenting plan
• Significant changes in a child's educational or medical needs
• A parent's incarceration
• Mental health issues that affect parenting ability

What Does Not Typically Qualify

I regularly see parents file modification petitions based on circumstances that courts routinely reject:

• General disagreements about parenting styles
• Normal childhood behavioral issues
• A new relationship or remarriage alone
• Financial changes without direct impact on the child
• Buyer's remorse about the original agreement
• The other parent being annoying or difficult to communicate with

The Two-Step Test Florida Courts Apply

When you petition to modify time sharing in Florida, the court applies a two-step analysis established through case law and codified in Florida's family law statutes.

Step One: Proving Substantial Change

First, you must prove that a substantial, material, and unanticipated change in circumstances has occurred since the final judgment was entered. This is your threshold burden. If you cannot prove this first step, the court will not even consider whether modification would benefit your child.

The burden of proof is on the parent requesting the modification. You must present evidence, not just allegations. This might include:

• Documentation of the changed circumstances
• Witness testimony
• School records
• Medical records
• Police reports if applicable
• Communication records between parents

Step Two: Best Interests of the Child

Only after you establish a substantial change will the court consider whether the proposed modification serves the child's best interests. Under Florida Statute 61.13(3), courts consider numerous factors including:

• Each parent's capacity to facilitate a close relationship with the other parent
• The anticipated division of parental responsibilities after modification
• Each parent's ability to determine and act upon the child's needs
• The length of time the child has lived in a stable environment
• The geographic viability of the parenting plan
• The moral fitness of each parent
• The mental and physical health of each parent
• The child's home, school, and community record
• The reasonable preference of the child if sufficiently mature
• Evidence of domestic violence, abuse, or neglect

For more on how courts consider a teenager's preferences, see our guide on teenage child custody preferences in Florida.

Types of Time-Sharing Modifications

Not all modification requests are created equal. The type of change you are seeking affects both your strategy and the court's analysis.

Major Modifications

These involve significant changes to the overall custody arrangement, such as:

• Changing from majority time-sharing with one parent to the other
• Substantially reducing a parent's overnight time-sharing
• Adding or removing supervised visitation requirements
• Modifying decision-making authority regarding education, healthcare, or religious upbringing

Major modifications require clear and convincing evidence of substantial change and thorough best interests analysis.

If you are concerned about your child's safety during visits, our article on supervised visitation in Florida explains when courts order supervision and how those arrangements work.

Minor Modifications

These involve tweaks to the existing schedule without fundamentally altering the custody arrangement:

• Adjusting pickup and drop-off times
• Modifying holiday rotation schedules
• Changing the exchange location
• Updating communication protocols between parents

Some minor modifications may be handled through mediation or stipulated agreements without requiring a full evidentiary hearing.

The Step-by-Step Process to Modify Time Sharing in Florida

If you have determined that you have grounds for modification, here is how the process works in 2026.

Step 1: Gather Your Evidence

Before filing anything, compile documentation supporting your claim of substantial change. This includes:

• Timeline of events demonstrating the change
• Any relevant communications with the other parent
• Third-party documentation such as medical records or school reports
• Witness information
• Your proposed new parenting plan

Step 2: Attempt Mediation First

In most Florida counties, courts require parents to attempt mediation before proceeding to a contested hearing. Some parents successfully resolve modification disputes through mediation without ever needing a judge's decision.

Our comparison of mediation versus litigation in Florida divorce cases explains the benefits of reaching negotiated agreements.

Step 3: File Your Supplemental Petition

You will file a Supplemental Petition for Modification of Parenting Plan and Time-Sharing in the same court that issued your original order. The petition must:

• Identify the original final judgment
• Describe the substantial change in circumstances
• Explain why modification serves the child's best interests
• Include your proposed modified parenting plan

The filing fee varies by county but typically ranges from $50 to $300.

Step 4: Serve the Other Parent

The other parent must be properly served with your petition. They then have 20 days to file a response. If they fail to respond, you may be able to obtain a default, though courts are often reluctant to modify custody arrangements without hearing from both parents.

Step 5: Attend Required Hearings

Depending on your county and the complexity of your case, you may have:

• A case management conference
• A mediation session if not already completed
• An evidentiary hearing where both sides present evidence and testimony

Step 6: Receive the Court's Decision

The judge will issue a written order either granting or denying your modification request. If granted, the order will include the new parenting plan. If denied, you may have the right to appeal, though appealing custody decisions is challenging.

Special Circumstances in Modification Cases

Emergency Modifications

If your child faces immediate danger, you may be able to obtain an emergency custody order in Florida without waiting for the normal modification process. Emergency modifications require showing that the child will suffer irreparable harm if the court does not act immediately.

Modifications Involving Domestic Violence

When domestic violence is a factor, courts take these allegations extremely seriously. Evidence of domestic violence creates a rebuttable presumption that shared parental responsibility would be detrimental to the child. Our article on domestic violence and divorce in Florida provides more detail on how these cases are handled.

Relocation and Modification

If you or the other parent plans to relocate more than 50 miles from your current residence, Florida Statute 61.13001 applies. Relocation cases have their own specific requirements and often result in modification of time-sharing arrangements to accommodate the new geography.

Grandparent Involvement

Sometimes time-sharing modifications involve grandparents or other extended family members. While Florida does not recognize independent grandparent visitation rights in most cases, grandparents may become involved in modification proceedings under certain circumstances. See our explanation of grandparent visitation rights in Florida for more information.

Guardian ad Litem in Modification Cases

In contested modification cases, either parent or the court may request appointment of a guardian ad litem. This is an attorney or trained volunteer appointed to represent the child's best interests independently from either parent.

Guardians ad litem:

• Investigate the circumstances of both households
• Interview the child, parents, and other relevant people
• Review school, medical, and other records
• Prepare a report with recommendations for the court
• May testify at hearings

In my experience, guardian ad litem reports carry significant weight with judges, though they are not binding on the court's decision.

Common Mistakes to Avoid

After years of practicing family law in Florida, I have seen parents undermine their own modification cases in predictable ways:

Filing Too Soon

Many parents file modification petitions before enough time has passed or before the substantial change is fully documented. Courts are skeptical of modification requests filed within the first year after a final judgment unless truly significant circumstances have changed.

Focusing on the Other Parent's Behavior Rather Than the Child

Courts care about how circumstances affect your child, not about punishing the other parent. Frame your petition around your child's needs and wellbeing, not around your frustration with your co-parent.

Making Self-Created Changes

If you voluntarily quit your job, moved away, or created the changed circumstances yourself, courts are unlikely to reward that decision with a modification in your favor.

Violating the Current Order

Some parents think that ignoring the current parenting plan will demonstrate that it does not work. Instead, it demonstrates to the court that you do not respect court orders. Follow your current order while pursuing modification through proper legal channels.

Involving Children in the Dispute

Putting children in the middle of modification disputes or coaching them about what to say to evaluators almost always backfires. Courts and guardians ad litem are trained to identify parental manipulation.

Cost of Modifying Time-Sharing in Florida

The cost of a modification case varies widely depending on whether it is contested and how complex the circumstances are:

• Uncontested modifications where both parents agree: $1,500 to $3,500 for attorney fees plus filing costs
• Moderately contested cases requiring mediation and limited hearings: $5,000 to $15,000
• Highly contested cases with experts, guardian ad litem, and trial: $15,000 to $50,000 or more

If you are considering modification but concerned about costs, a strategy session can help you understand your options and develop a cost-effective approach.

Timeline Expectations

How long does a modification take in Florida? Again, this depends on the circumstances:

• Agreed modifications: 4 to 8 weeks from filing to final order
• Mediated resolutions: 2 to 4 months
• Contested cases going to hearing: 6 months to over a year

Emergency modifications can be heard within days if you meet the emergency standard, but the emergency order is temporary and will be followed by a full hearing.

Do You Need an Attorney?

You have the legal right to represent yourself in modification proceedings. However, I strongly recommend at least consulting with a Florida family law attorney before proceeding. The substantial change standard has nuances that are not obvious from reading the statutes, and procedural missteps can doom an otherwise valid modification request.

At Divorce.law, we offer unbundled legal services that allow you to get professional help with specific aspects of your case without committing to full representation. Many clients find that a combination of strategic guidance and document review allows them to handle their modification effectively while managing costs.

Taking the Next Step

If you are considering whether to modify time sharing in Florida, the most important first step is honestly evaluating whether your circumstances meet the substantial change standard. Ask yourself:

• What has changed since the original order?
• Is this change documented and provable?
• Was this change unanticipated when the order was entered?
• How does this change specifically affect my child?
• What modification would serve my child's best interests?

If you can answer these questions with specific, documented facts, you may have a viable modification case. If your answers are vague or based primarily on frustration with your co-parent, you may want to wait until circumstances more clearly support modification.

A consultation with a Florida family law attorney can help you evaluate your situation objectively and develop a strategy that serves both your interests and your child's wellbeing.

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This article provides general information about Florida divorce law and is not legal advice. Every case is unique. For advice specific to your situation, schedule a consultation with a Florida-licensed attorney.