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Modification Versus Clarification of Parenting Plan and Final Judgement

What can you do if your Orlando parenting plan is confusing or not working?

If your Orlando parenting plan is confusing, you may be able to have the judge clarify the parenting plan. However, it depends whether or not the parenting plan has clear meaning on all 4 corners of the document and is unambiguous; or whether the parenting is ambiguous. A judge may clarify the ambiguous language. If the language is ambiguous, the judge may make the judgment more clear and precise.

The judge would do this by looking at the document and hearing testimony regarding the intent of the document.

A clarification does not seek to change rights or obligations of a party, but only only to make a judgment more clear precise. In order to request a judge to clarify the judgment, you must file a motion for clarification of the parenting plan and final judgment.

If things are not working in the Parenting Plan, you may be able to modify it, but only if:
(1)There is a substantial change in circumstances since the final judgment; and
(2) it is in the best interest of the child.

A modification seeks to change the status quo and seek more benefit for one party. In order for the judge to hear the modification, you must file a Supplemental Petition for Modification of Parenting Plan and Final judgment; and serve the other party. The service may be by sheriff or process server.

When would it be appropriate to do that? It may be appropriate when:

The parenting plan may not be working because one parent’s work schedule has changed and they can no longer utilize their full amount of time sharing.

Or, the child may be having serious behavioral issues at school after time sharing with the other parent;and there is a direct correlation between visiting the other parent and the child’s behavior at school.

Or, one parent has an addiction that has worsened and it is now affecting that parent’s ability to time share with the child.

Or, one parent has been experiencing mental illness that is now affecting his/her ability to time share with the child.

In a modifications in those situations, one parent may ask the judge to take some time sharing away from the other parent thereby effecting a a right of that parent.

This article is for informational purposes only. It does not form an attorney client privilege.

If you have more questions regarding clarification or modification of an Orlando parenting plan or final judgment, you may contact Ann Marie Giordano Gilden, Esquire of Ann Marie Giordano Gilden, PA at 407-732-7620 and set an initial consultation.