Supplemental Petition and Stipulated Agreement to Modify Parenting Plan / Time-Sharing Schedule

STIPULATED AGREEMENT TO MODIFY PARENTING PLAN / TIME-SHARING SCHEDULE

State of Florida

IMPORTANT FLORIDA TERMINOLOGY NOTE: Since 2008, Florida law no longer uses the terms "custody" or "visitation." Florida uses "parental responsibility" (decision-making authority) and "time-sharing" (the schedule of time each parent spends with the child). See Fla. Stat. § 61.046.

IN THE CIRCUIT COURT OF THE [____] JUDICIAL CIRCUIT,

IN AND FOR [________________________________] COUNTY, FLORIDA

FAMILY DIVISION

Case No.: [________________________________]

Division: [____]

STIPULATED AGREEMENT TO MODIFY PARENTING PLAN / TIME-SHARING SCHEDULE

The undersigned parties, [________________________________] ("Father"/"Mother") and [________________________________] ("Father"/"Mother"), hereby stipulate and agree to the following modifications to the existing Parenting Plan and Time-Sharing Schedule, and respectfully request that this Court enter an Order incorporating these modifications.

SECTION 1: BACKGROUND AND IDENTIFICATION

1.1 Minor Child(ren) Subject to This Agreement

1.2 Prior Court Orders Being Modified

This Agreement modifies the following existing order(s):

• Original Order/Final Judgment: [________________________________]
• Date Entered: [__/__/____]
• Entered By: The Honorable [________________________________], Circuit Court Judge
• Case Number: [________________________________]
• Prior Modification Orders (if any): [________________________________]

1.3 Current Parenting Arrangement Summary

• Current Parental Responsibility: ☐ Shared Parental Responsibility ☐ Sole Parental Responsibility to [________________________________]
• Current Majority Time-Sharing Parent: [________________________________]
• Current Time-Sharing Schedule: [________________________________]

1.4 Parent Education Course Compliance

Pursuant to Fla. Stat. § 61.21, both parties confirm:

☐ Both parties previously completed the Parent Education and Family Stabilization Course (minimum 4 hours) as required in the original proceeding.

☐ The Court has ordered / parties agree to complete an additional or updated parenting course in connection with this modification. Completion deadline: [__/__/____].

SECTION 2: SUBSTANTIAL, MATERIAL CHANGE IN CIRCUMSTANCES

2.1 Legal Standard for Modification

Under Fla. Stat. § 61.13(3), a parenting plan or time-sharing schedule may not be modified without a showing of a substantial and material change in circumstances that was not reasonably contemplated at the time of the prior order, and a determination that the modification is in the best interests of the child(ren).

2.2 Changed Circumstances

The parties stipulate that the following substantial and material change(s) in circumstances have occurred since the entry of the prior order:

☐ Change in parent's residence (describe): [________________________________]

☐ Change in parent's work schedule (describe): [________________________________]

☐ Change in child(ren)'s needs (educational, medical, developmental, behavioral): [________________________________]

☐ Child(ren)'s age/maturity and expressed preferences (Fla. Stat. § 61.13(3)(i) — child's reasonable preference considering intelligence, understanding, experience, and desire): [________________________________]

☐ Parent's failure to comply with existing parenting plan (describe): [________________________________]

☐ Domestic violence, substance abuse, or safety concerns (Fla. Stat. § 61.13(2)(c)2 — evidence of domestic violence creates presumption against shared parental responsibility): [________________________________]

☐ Parent's relocation (If move is 50+ miles, Fla. Stat. § 61.13001 relocation procedures must be followed): [________________________________]

☐ Other change (describe): [________________________________]

2.3 Why These Changes Were Not Reasonably Contemplated

[________________________________]

SECTION 3: MODIFICATIONS TO PARENTAL RESPONSIBILITY

3.1 Parental Responsibility After Modification

☐ No change to parental responsibility — remains as stated in the prior order.

☐ Changed to Shared Parental Responsibility — Both parents shall retain full parental rights and responsibilities and shall confer so that major decisions affecting the welfare of the child(ren) are determined jointly. (Fla. Stat. § 61.046(17))

☐ Changed to Sole Parental Responsibility to [________________________________] — This parent shall have exclusive decision-making authority regarding the child(ren)'s education, healthcare, and welfare. (Fla. Stat. § 61.046(18))

Basis for sole parental responsibility (required under Fla. Stat. § 61.13(2)(c)2):

☐ Shared parental responsibility would be detrimental to the child(ren) because: [________________________________]

☐ A parent has been convicted of a domestic violence offense under Fla. Stat. § 741.28, creating a rebuttable presumption against shared parental responsibility.

☐ A parent has been found to have engaged in conduct constituting domestic violence per Fla. Stat. § 61.13(2)(c)2.

3.2 Decision-Making Allocation (If Shared Parental Responsibility)

Under the modified arrangement, the following decision-making responsibilities shall be allocated:

SECTION 4: MODIFICATIONS TO TIME-SHARING SCHEDULE

4.1 Rebuttable Presumption of Equal Time-Sharing

The parties acknowledge that under Fla. Stat. § 61.13(2)(c)1, there is a rebuttable presumption that equal time-sharing is in the best interests of the minor child(ren). To rebut this presumption, a party must prove by a preponderance of the evidence that equal time-sharing is not in the child(ren)'s best interests.

4.2 Modified Regular Time-Sharing Schedule

Effective Date of New Schedule: [__/__/____]

Prior Schedule: [________________________________]

Modified Schedule:

☐ Equal Time-Sharing (50/50)

Schedule type: ☐ Week on/Week off ☐ 2-2-3 Rotation ☐ 5-2-2-5 ☐ Other: [________________________________]

Detailed schedule:

• Father's Time-Sharing: [________________________________]
• Mother's Time-Sharing: [________________________________]

☐ Majority Time-Sharing to [________________________________]

• Majority Parent's Time-Sharing: [________________________________]
• Other Parent's Time-Sharing: [________________________________]

Overnights per Year (approximate):

• Father: [____] overnights
• Mother: [____] overnights

4.3 Modified Holiday and School Break Schedule

4.4 Modified Summer Schedule

☐ No change to summer schedule.

☐ Modified as follows:

• Father's Summer Time-Sharing: [________________________________] weeks, from [________________________________] to [________________________________].
• Mother's Summer Time-Sharing: [________________________________] weeks, from [________________________________] to [________________________________].
• Notice Required: Each parent shall provide written notice of summer time-sharing selections by [________________________________] (date) each year.

4.5 Exchanges and Transportation

• Exchange Location: [________________________________]
• Transportation Responsibility: ☐ Receiving parent picks up ☐ Delivering parent drops off ☐ Meet at midpoint ☐ Other: [________________________________]
• Exchange Times: [________________________________]

4.6 Right of First Refusal

☐ If either parent is unavailable to care for the child(ren) for more than [____] consecutive hours during their time-sharing, that parent shall first offer the time to the other parent before arranging third-party childcare.

☐ No right of first refusal.

SECTION 5: RELOCATION PROVISIONS

5.1 Compliance with Fla. Stat. § 61.13001

The parties acknowledge that Florida law requires:

• A parent seeking to relocate 50 or more miles from their principal residence (measured in a straight line) for 60 or more consecutive days must either obtain written agreement from the other parent or file a petition to relocate with the court.
• The relocating parent must serve the other parent with a notice that includes the intended new address, relocation date, specific reasons, and a proposed revised time-sharing schedule.
• The non-relocating parent has 20 days to file a written objection. Failure to timely object constitutes consent to the relocation.
• The relocating parent bears the initial burden of proving by a preponderance of the evidence that the relocation is in the child(ren)'s best interests.

5.2 Current Geographic Restriction (If Any)

☐ No geographic restriction.

☐ The following geographic restriction applies: [________________________________]

☐ The geographic restriction is modified as follows: [________________________________]

SECTION 6: COMMUNICATION AND INFORMATION SHARING

6.1 Parent-Child Communication During Other Parent's Time-Sharing

☐ Each parent shall facilitate daily telephone/video communication between the child(ren) and the other parent at a reasonable time, generally [________________________________].

☐ Communication shall occur via: ☐ Phone call ☐ Video call (FaceTime/Zoom/etc.) ☐ Text message (age-appropriate) ☐ Other: [________________________________]

6.2 Parent-to-Parent Communication

• Primary method: ☐ Co-parenting app (e.g., OurFamilyWizard, TalkingParents) ☐ Email ☐ Text ☐ Other: [________________________________]
• Response time for non-emergency communications: [____] hours
• Response time for emergency communications: Immediately / as soon as practicable

6.3 Access to Records

Both parents shall have full and equal access to all records related to the child(ren), including but not limited to educational records, medical/dental/mental health records, and extracurricular activity information, unless restricted by court order. (Fla. Stat. § 61.13(2)(b)3)

SECTION 7: BEST INTERESTS DETERMINATION

7.1 Best Interest Factors Under Fla. Stat. § 61.13(3)

The parties stipulate that this modification serves the child(ren)'s best interests, having considered the following statutory factors:

(a) Each parent's demonstrated capacity and disposition to facilitate and encourage a close and continuing parent-child relationship and to honor the time-sharing schedule;

(b) The anticipated division of parental responsibilities after the modification, including the extent to which parental responsibilities will be delegated to third parties;

(c) Each parent's demonstrated capacity and disposition to determine, consider, and act on the needs of the child(ren) as opposed to the needs or desires of the parent;

(d) The length of time the child(ren) has lived in a stable, satisfactory environment and the desirability of maintaining continuity;

(e) The geographic viability of the modified parenting plan, with special attention to the needs of school-age children and the amount of time to be spent traveling to effectuate the parenting plan;

(f) The moral fitness of the parents;

(g) The mental and physical health of the parents;

(h) The child(ren)'s home, school, and community record;

(i) The reasonable preference of the child(ren), if the court deems the child(ren) to be of sufficient intelligence, understanding, and experience to express a preference;

(j) Each parent's demonstrated knowledge, capacity, and disposition to be informed of the circumstances of the child(ren);

(k) Each parent's demonstrated capacity and disposition to provide a consistent routine for the child(ren);

(l) Each parent's demonstrated capacity to communicate with and keep the other parent informed of issues and activities regarding the child(ren) and willingness to adopt a unified parenting front;

(m) Evidence of domestic violence, sexual violence, child abuse, child abandonment, or child neglect;

(n) Evidence that either parent has knowingly provided false information to the court regarding any prior or pending domestic violence proceeding;

(o) The particular parenting tasks customarily performed by each parent and the division of parental responsibilities before and during the pending litigation;

(p) Each parent's demonstrated capacity and disposition to participate and be involved in the child(ren)'s school and extracurricular activities;

(q) Each parent's demonstrated capacity and disposition to maintain an environment free from substance abuse;

(r) Each parent's demonstrated capacity and disposition to protect the child(ren) from the ongoing litigation as demonstrated by not discussing the litigation with the child(ren) and refraining from disparaging the other parent;

(s) The developmental stages and needs of the child(ren) and each parent's demonstrated capacity and disposition to meet the child(ren)'s developmental needs;

(t) Any other factor that is relevant to the determination of a specific parenting plan, including the time-sharing schedule.

7.2 Parties' Stipulation

The parties stipulate that the modifications described in this Agreement serve the child(ren)'s best interests because: [________________________________]

SECTION 8: MEDIATION AND DISPUTE RESOLUTION

8.1 Florida Mandatory Mediation

Pursuant to Fla. Stat. § 44.102 and § 61.183, before filing any future motion to modify this Agreement, the parties shall:

☐ First attempt to resolve disputes through direct good-faith communication.

☐ If direct communication fails, participate in mediation with a Florida Supreme Court Certified Family Mediator before seeking court intervention.

☐ Exception: Mediation is not required in cases involving domestic violence (Fla. Stat. § 44.102(2)(c)) or where immediate danger to the child(ren) exists.

8.2 Mediation Costs

Mediation costs shall be: ☐ Shared equally ☐ Paid by Father ☐ Paid by Mother ☐ Allocated proportionally to income ☐ As ordered by the Court

8.3 Governing Law and Forum

This Agreement shall be governed by Florida law. Exclusive jurisdiction and venue shall remain with the Circuit Court of the [____] Judicial Circuit, in and for [________________________________] County, Florida, Family Division.

SECTION 9: ADDITIONAL PROVISIONS

9.1 Provisions Remaining Unchanged

All provisions of the prior order(s) not expressly modified by this Agreement shall remain in full force and effect.

9.2 Child Support

☐ Child support is not addressed by this modification. The current child support order remains unchanged.

☐ Child support shall be modified concurrently. (A separate Supplemental Petition to Modify Child Support, Florida Family Law Form 12.905(b), shall be filed if applicable.)

9.3 Health Insurance and Medical Expenses

• Health Insurance Responsibility: ☐ Father ☐ Mother shall maintain health, dental, and vision insurance for the child(ren).
• Unreimbursed Medical Expenses: Shared ☐ Equally ☐ Proportional to income: Father [____]% / Mother [____]%

9.4 Substance Use and Safety

Neither parent shall consume alcohol to impairment or use illegal substances during time-sharing or within 12 hours prior to the commencement of time-sharing. All firearms shall be stored unloaded in a locked container with ammunition stored separately, inaccessible to the child(ren).

9.5 Non-Disparagement

Neither parent shall make negative, derogatory, or disparaging remarks about the other parent, the other parent's family members, or the other parent's household in the presence or hearing of the child(ren).

9.6 Introduction of Significant Others

☐ Neither parent shall introduce the child(ren) to a new romantic partner until the relationship has been stable for at least [____] months.

☐ Neither parent shall allow a romantic partner to be present during overnight time-sharing until [________________________________].

☐ No restriction on introduction of significant others.

SECTION 10: FILING INSTRUCTIONS AND COURT APPROVAL

10.1 Required Florida Court Forms

This Agreement should be filed with the following Florida Supreme Court Approved Family Law Forms:

☐ Form 12.905(a) — Supplemental Petition to Modify Parental Responsibility, Visitation, or Parenting Plan/Time-Sharing Schedule and Other Relief

☐ Form 12.995(a) — Parenting Plan (or Form 12.995(b) if a Safety-Focused Parenting Plan is needed)

☐ Form 12.995(c) — Relocation/Long-Distance Parenting Plan (if relocation is involved)

☐ Form 12.902(d) — Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) Affidavit

☐ Form 12.912(b) — Certificate of Service

10.2 Filing Fees

Filing fees for supplemental petitions vary by judicial circuit. The filing fee for reopening a case is approximately $50.00 plus applicable surcharges. Contact the Clerk of the Circuit Court in [________________________________] County for current fees.

10.3 Service of Process

The filing party shall serve the other party in accordance with the Florida Rules of Civil Procedure. If the parties are filing jointly by stipulation, service may be waived.

SECTION 11: EXECUTION

BOTH PARTIES MUST SIGN BEFORE A NOTARY PUBLIC OR DEPUTY CLERK

I, the undersigned, certify that the information in this Agreement is true and correct to the best of my knowledge. I understand that this Agreement will be submitted to the Court for approval and, if approved, will become a binding court order.

FATHER/MOTHER:

Signature: [________________________________]

Printed Name: [________________________________]

Date: [__/__/____]

Address: [________________________________]

City/State/ZIP: [________________________________]

Telephone: [________________________________]

Email: [________________________________]

Florida Bar No. (if represented): [________________________________]

FATHER/MOTHER:

Signature: [________________________________]

Printed Name: [________________________________]

Date: [__/__/____]

Address: [________________________________]

City/State/ZIP: [________________________________]

Telephone: [________________________________]

Email: [________________________________]

Florida Bar No. (if represented): [________________________________]

NOTARIZATION

STATE OF FLORIDA
COUNTY OF [________________________________]

Sworn to or affirmed and signed before me on [__/__/____] by:

[________________________________] ☐ Personally known ☐ Produced identification: [________________________________]

[________________________________] ☐ Personally known ☐ Produced identification: [________________________________]

Signature of Notary Public: [________________________________]

Printed Name: [________________________________]

My Commission Expires: [__/__/____]

[Notary Seal]

ORDER OF THE COURT

The Court, having reviewed the foregoing Stipulated Agreement and the Florida Supreme Court Approved Parenting Plan filed herewith, and having considered the best interests of the minor child(ren) pursuant to Fla. Stat. § 61.13(3), finds:

1. A substantial and material change in circumstances has occurred;
2. The modification is in the best interests of the child(ren);
3. The parties have entered into this Agreement voluntarily and with full understanding of its terms;
4. The modified time-sharing schedule is consistent with the rebuttable presumption of equal time-sharing under Fla. Stat. § 61.13(2)(c)1, or the presumption has been rebutted by competent evidence.

IT IS THEREFORE ORDERED AND ADJUDGED that the Stipulated Agreement is approved and incorporated into this Order with the full force and effect of a court order.

DONE AND ORDERED in [________________________________] County, Florida, this [____] day of [________________________________], 20[____].

_________________________________
Circuit Court Judge

SOURCES AND REFERENCES

• Fla. Stat. § 61.13 — Support of children; parental responsibility; time-sharing; powers of court
• 2025 Florida Statutes § 61.13
• Fla. Stat. § 61.046 — Definitions (parenting plan, shared parental responsibility, time-sharing schedule)
• 2025 Florida Statutes § 61.046
• Fla. Stat. § 61.13001 — Parental relocation with a child (50-mile rule, notice requirements)
• 2025 Florida Statutes § 61.13001
• Fla. Stat. § 61.21 — Parent Education and Family Stabilization Course (mandatory 4-hour course)
• Florida Statutes § 61.21
• Fla. Stat. § 44.102 — Court-ordered mediation
• Fla. Stat. § 61.183 — Mediation in contested family law matters
• Florida Supreme Court Family Law Forms — Form 12.905(a), Form 12.995(a)/(b)/(c)
• Florida Courts Family Law Forms