Mediation as an Effective Approach for Modifying Parenting Plans and Visitation in Florida

Attorney/Mediator Beth Reineke

Certified Florida Divorce Mediator & Family Law Attorney

30+ Years of Experience

In the realm of family law, the dynamics of relationships can evolve over time, often necessitating adjustments to parenting plans and visitation schedules. Florida law provides a structured framework for these modifications, and one increasingly popular and efficient method to navigate these changes is through pre-suit mediation. As Attorney/Mediator, with over 30 years of experience in family law, I am well-versed in the advantages of utilizing mediation to modify parenting plans and visitation arrangements, offering couples a viable alternative to the traditional litigation process.

Understanding Parenting Plan Modifications in Florida

A parenting plan in Florida is a legally binding document that outlines the responsibilities and time-sharing arrangements between parents regarding their children. It addresses crucial aspects such as visitation schedules, decision-making authority, and communication protocols. However, life is unpredictable, and circumstances may change, leading to the need for modifications in parenting plans.

Some common reasons for modification include:

1. Relocation: If one parent needs to move a significant distance away, modifications to the parenting plan are often necessary to accommodate the new circumstances.
2. Change in Work Schedule: Alterations in employment schedules can impact a parent's availability for visitation, potentially requiring adjustments to the plan.
3. Children's Age and Needs: As children grow, their needs and preferences change. Modifications may be necessary to reflect these evolving needs.
4. Healthcare or Education Needs: If a child's healthcare or educational requirements change, adjustments to the parenting plan may be required to ensure their best interests are met.

The Role of Mediation in Parenting Plan Modifications

Pre-suit Mediation offers a cooperative and less adversarial approach to resolving conflicts related to parenting plan modifications. As a mediator, I have found that this process can be particularly beneficial for couples who wish to avoid the emotional strain and financial costs often associated with traditional litigation. Here's how pre-suit mediation works in the context of parenting plan modifications:

1. Voluntary Participation: Both parents must voluntarily agree to participate in pre-suit mediation. This willingness to engage in open communication sets a positive tone for constructive problem-solving.
2. Neutral Mediator: A skilled mediator, like myself, serves as a neutral third party. My role is not to provide legal advice or opinions but to facilitate productive discussions between the parents.
3. Focused Dialogue: During mediation sessions, parents have the opportunity to discuss their concerns and propose modifications to the parenting plan. This open dialogue promotes understanding and collaboration.
4. Creative Solutions: Mediation allows for creative solutions tailored to the unique needs of the family. Parents can jointly develop modifications that consider the best interests of the children.
5. Court Approval: The final agreement is submitted to the court for approval.

However, typically, the court approves the parent’s agreement without the need for a hearing.