How to Modify Child Custody in Florida: Reasons, Process, and Cost

A parenting plan that worked two years ago may not work today.

A parent takes a job with night shifts. The other parent moves across the state. A teenager starts asking to live with the other parent full time. When life changes like this, the schedule in your court order does not change on its own.

The good news is that you can modify child custody in Florida when circumstances truly change. This guide explains which reasons courts accept, whether you can change a custody agreement without going to court, and what the process costs. For help with your own case, see how our attorneys handle custody and support modifications.

Can You Change a Custody Agreement in Florida?

Yes. Florida courts can change a parenting plan and time-sharing schedule after a divorce or paternity case. Florida law mostly replaced the word “custody” years ago. It uses “parental responsibility” for decision-making and “time-sharing” for the schedule, but most people still call it custody.

To change any of these, the parent asking must show two things under Section 61.13 of the Florida Statutes:

1. a substantial and material change in circumstances since the last order; and
2. that the change to the plan is in the best interests of the child.

The standard got easier in 2023 with House Bill 1301. Before that law took effect on July 1, 2023, the change also had to be unanticipated, meaning no one could have expected it when the plan was made. That requirement is gone, so a change that was foreseeable can still support a modification.

The same 2023 law also created a rebuttable presumption that equal time-sharing is in a child’s best interests. Our guide to 50/50 custody in Florida explains how that presumption works.

Reasons and Grounds to Modify a Parenting Plan in Florida

There is no fixed list, and the judge looks at the whole picture. Changes that often support a request include:

• A new work schedule that makes the current time-sharing impossible to follow;
• a move by either parent that changes travel time, schools, or daily routines;
• safety concerns, such as domestic violence, substance abuse, or neglect in one home;
• a parent who regularly skips their time-sharing or does not follow the plan;
• the child’s changing needs, such as a new school, medical care, or a special need; and
• the child’s preference, if the judge finds the child mature enough to express one.

Florida law also says that if the parents lived more than 50 miles apart when the last order was entered, and one parent moves within 50 miles of the other, that move may count as a substantial and material change. A parent who moves closer can ask for more time.

Proving a change is only half of your case. The judge then weighs the best-interest factors in Section 61.13. These include each parent’s ability to put the child’s needs first, the child’s home, school, and community record, each parent’s mental and physical health, and any evidence of abuse or neglect.

Your evidence should tie the change to these factors. A new job matters less on its own than its effect on school pickups, homework, and sleep.

What Usually Is Not Enough

Courts want stability for children, so small or temporary problems rarely justify a new plan. A few missed pickups, ordinary disagreements about rules, or a child’s passing wish to switch homes after an argument usually will not do it.

Money disputes are also kept separate. Under Section 61.13, a parent who is not receiving child support cannot withhold time-sharing because of it, and a parent who is denied time-sharing must keep paying support.

Moving More Than 50 Miles Away

Moving with a child follows its own rules.

Under Section 61.13001, relocation means moving at least 50 miles from the home you lived in when your last time-sharing order was entered, for at least 60 consecutive days. Temporary absences for vacation or education do not count.

Unless the other parent signs a written relocation agreement, which you then file with the court for approval, the parent who wants to move must file a petition to relocate and get the court’s permission first. Moving without it can hurt your case.

Can You Modify a Parenting Plan Without Going to Court?

Short answer: you can change your parenting plan without a trial, but not without the court. A new schedule only becomes binding once a judge signs an order approving it.

Parents can agree on a new schedule on their own, and many do. But an informal agreement, such as a text message or a handshake, is not enforceable as a court order. The written order still controls, and either parent can insist on following it at any time.

To make an agreed change official, both parents sign a written agreement and file it with the court for approval. When everyone agrees, a judge can often approve it with little or no time in court. Our article on 50/50 custody schedule examples can help you picture a schedule that works for your family.

An agreed packet usually includes the signed agreement and a new parenting plan. If support will change, it also includes updated financial affidavits and a child support guidelines worksheet. If the plan serves the child, the judge signs a supplemental final judgment.

If the other parent does not agree, you will need to file a formal request and let the judge decide.

How to Modify Child Custody in Florida, Step by Step

1. Document the change. Gather school records, work schedules, messages, and anything else that shows what changed and how it affects the child.
2. File a supplemental petition. In Florida, the request is usually called a Supplemental Petition to Modify Parenting Plan/Time-Sharing Schedule. It is filed in the court that entered your current order, along with a proposed new parenting plan.
3. Serve the other parent. The other parent must be formally served and usually has 20 days to respond.
4. Exchange financial information if child support may change.
5. Attend mediation. In circuits with a family mediation program, the court sends parenting disputes to mediation before a hearing. It will not do so if a history of domestic violence would compromise the process.
6. Complete a parenting course if the judge orders one.
7. Go to the hearing if you cannot settle. The judge applies the best-interest factors and decides whether to change the plan.

Petition or Motion to Modify Custody: Which Do You File?

Many parents search for a motion to modify custody, but in Florida the case starts with a petition to modify custody. This is the supplemental petition described above. It reopens your old case and must be served like a new lawsuit.

A motion is a request made inside a case that is already open. After your petition is filed, you might file a motion asking for a temporary schedule while the case is pending, or for an emergency hearing.

Emergency Motion to Modify Custody When a Child Is in Danger

A regular modification takes time.

If a child faces immediate danger, such as abuse or a parent who is impaired while caring for the child, you can ask the court for an emergency hearing and a temporary order. When domestic violence is involved, an injunction for protection may also be available. Our domestic violence attorneys can explain your options.

The request is usually filed as an emergency motion for temporary relief, together with or after your supplemental petition. Judges generally grant these only for a real and immediate risk, so attach proof such as police reports, medical records, or photos.

Filing an emergency motion over an ordinary disagreement can hurt your credibility in the main case.

When the Other Parent Ignores the Plan

Sometimes the plan itself is fine, but the other parent will not follow it. That calls for enforcement, not modification.

When a parent refuses to honor time-sharing without proper cause, Florida law requires the court to award make-up time. The court may also order that parent to pay court costs and attorney fees or take a parenting course.

Repeated violations can also support a later request to change the plan itself.

How to Respond to a Petition to Modify Custody

If you are served, do not ignore the papers. You usually have 20 days to file a written answer with the clerk and send a copy to the other parent. If you do not respond, the case can move forward without your side being heard.

In your answer, say which statements you agree with and which you dispute. If you want changes of your own, you can file a counter petition. Start gathering records, calendars, and messages that show how the current plan works for your child.

How Long Does It Take and How Much Does It Cost?

There is no set timeline. An agreed modification can be finished in a few weeks to a few months, depending on the court’s calendar. A contested case usually takes many months, especially if mediation fails and the case goes to a hearing.

Court costs are modest compared with the original divorce:

• Reopen fee: up to $50 when you file at least 90 days after the final judgment in your case;
• Summons and service: $10 for the summons and $40 if the sheriff serves the other parent;
• Mediation: court programs charge $60 or $120 per person per session when the parents’ combined income is under $100,000. Parents above that usually pay a private mediator; and
• Attorney fees: the biggest variable, driven by whether the other parent agrees.

Added together, the court costs alone usually stay in the low hundreds of dollars per parent. An agreed case often costs less, because no one has to be served and mediation may not be needed. Attorney fees, not court fees, make up most of the total.

Contested cases can add costs for experts, such as a guardian ad litem or a custody evaluation. An agreed modification avoids most of these.

Will Child Support Change Too?

Often, yes. Florida calculates child support partly on how many overnights each parent has, so a new time-sharing schedule can raise or lower support. You can ask the court to adjust support in the same case. Our guide on child support with 50/50 custody shows how overnights affect the numbers.

Support does not change automatically when the schedule changes. Until a judge signs a new order, the old amount stays in effect, even if the child is spending more time with the paying parent. If you need help with both parts, our child custody attorneys can handle them together.

Talk to Weldon Law Group About Modifying Custody

A strong modification case shows the judge a real change and a better plan for the child, backed by evidence. Weldon Law Group helps Florida parents decide whether a change is worth pursuing, negotiate agreed modifications, and present contested cases clearly.

Contact Weldon Law Group to talk about changing your parenting plan.

Frequently Asked Questions