If your co-parent isn’t following your parenting plan, Florida law generally gives you two main paths for addressing it: ask the court to enforce the plan as written, or ask the court to change it based on what has genuinely changed since it was entered. Both tools operate inside the same underlying process, a Florida child custody case, and the two can overlap when a pattern of violations becomes relevant to a later request to modify the plan. Picking the wrong starting point can cost you months, so understanding the difference is the first real decision point.
Both paths start from the same place: a parenting plan is a court order, and Florida gives judges real tools to make sure it’s followed or changed the right way. At Kalish & Jaggars, we help parents figure out which path fits their situation before they file anything, because how you modify or enforce a Florida parenting plan depends entirely on what’s actually happening in your case.
Modification vs. Enforcement: Two Different Legal Paths
These get confused constantly, and the mix-up costs parents time and money.
- Enforcement asks the court to make the other parent follow the plan as written, through remedies like makeup time-sharing, cost-shifting, or contempt
- Modification asks the court to change the plan itself, because something about the family’s circumstances has substantially changed
- The two can overlap: repeated violations may support a later request for modification, but the parent seeking modification still generally must show a substantial and material change in circumstances and that the requested change is in the child’s best interests.
- Filing for enforcement or modification does not, by itself, suspend the existing order. Parents generally should continue following the current order unless the court changes it or circumstances provide a legally sufficient basis for emergency relief or another course of action.
The Legal Standard for Modifying a Parenting Plan
A Florida court generally requires the parent seeking a modification to establish a substantial and material change in circumstances since the existing parenting plan or order was entered, and to show that the requested change is in the child’s best interests. Fla. Stat. § 61.13(3) [1]
This standard applies whether a parent is asking to change parental responsibility (the decision-making structure) or the time-sharing schedule (the actual parenting time), and the court applies the same best-interest analysis to both.
Florida’s current modification standard does not require the substantial and material change to have been unanticipated when the prior order was entered, a requirement the Legislature removed from Fla. Stat. § 61.13(3) [2] effective July 1, 2023. That change makes some modifications somewhat more accessible than they used to be, though the substantial and material change standard is still a real bar to clear. Examples of a substantial change include:
- A parent’s relocation that affects the current schedule
- Documented safety concerns that have emerged, including substance abuse or domestic violence
- A parent’s consistent, ongoing refusal to follow the existing parenting plan
- Significant changes in a child’s needs as they grow older
Why the Child’s Best Interests Still Control
Proving a substantial change only opens the door. The court still applies Florida’s best-interest factors under Section 61.13(3) [1] to decide whether, and how, the plan should change. A parent who shows their circumstances changed but can’t connect that change to what actually serves the child is unlikely to get the modification they’re asking for.
Enforcement Options When a Parent Won’t Follow the Plan
Florida law authorizes courts to impose several remedies when a parent fails to comply with a parenting plan or time-sharing schedule. Fla. Stat. § 61.13(4) [1] Depending on the circumstances, those remedies can include:
- Makeup time-sharing to compensate for time that was wrongfully denied
- Requiring the noncompliant parent to cover transportation or related costs
- Court-ordered parenting classes or community service
- Attorney’s fees and costs
- Civil or criminal contempt for willful violations
- Modification of the parenting plan itself when violations become a pattern
Civil and criminal contempt serve different purposes. Civil contempt generally seeks to compel compliance with a court order and may include a purge provision that gives the parent an opportunity to avoid or end the sanction by complying with specified conditions. Criminal contempt is generally punitive and addresses past misconduct, and the procedures and available sanctions can differ depending on the type of contempt involved.
A documented history of violations can strengthen an enforcement request, but the significance of a particular violation depends on the language of the existing order and the circumstances of the case.
Relocation Rules Add a Separate Layer
If the enforcement or modification issue involves a parent wanting to move, Florida’s relocation statute adds its own requirements on top of everything else. Fla. Stat. § 61.13001 [3] generally applies when a parent or other person seeks to relocate with the child at least 50 miles from the residence used as the statutory starting point for at least 60 consecutive days, excluding qualifying temporary absences for vacation, education, or the child’s health care. The statute sets out specific procedures for relocating, either through a written agreement or through a petition to relocate filed with the court, including required notice and information.
A parent who relocates with the child without complying with Florida’s relocation procedures may face court-ordered remedies, including potential contempt consequences, and the court may also consider the relocation and its effect on the child when deciding the parenting arrangement going forward. This is one of the more procedurally strict areas of Florida family law, and it rewards getting the paperwork right before the move rather than after.
When to Talk to a Family Law Attorney
Timing matters more than most parents realize. Waiting to document problems, or filing before you understand which standard applies to your situation, can weaken a case that otherwise had merit.
If you’re not sure whether what you’re experiencing rises to the level Florida courts require, building a clear record of missed exchanges and communication now protects you either way, whether you end up filing for enforcement, modification, or the issue resolves on its own.
And if the dispute traces back to disagreement over the schedule itself rather than compliance with it, it’s worth understanding why an even time split isn’t guaranteed for every family before you ask the court to revisit it.
Frequently Asked Questions
Can a parenting plan be changed?
Yes. A parenting plan can be modified by agreement in circumstances permitted by Florida law, or through a court proceeding. When a parent asks the court to modify an existing plan over the other parent’s objection, the court generally considers whether there has been a substantial and material change in circumstances and whether the requested modification is in the child’s best interests.
What happens if a parent violates time-sharing?
Florida courts can order makeup time-sharing, require the violating parent to cover related costs, order attorney’s fees, or hold the violating parent in contempt, which, depending on the circumstances, can include jail time for serious or repeated violations.
How far can a parent move?
Florida’s relocation statute generally applies when a parent or other person seeks to relocate with the child at least 50 miles from the residence used as the statutory starting point for at least 60 consecutive days, subject to statutory exceptions such as temporary absences for education, vacation, or health care. Depending on whether the parents agree, the relocation may proceed through a written agreement that meets the statutory requirements or through a petition to relocate filed with the court.
Know Which Path Fits Your Situation Before You File
Enforcement and modification solve different problems, and filing the wrong one can cost you months.
Schedule a consultation with Kalish and Jaggars, and we’ll walk through what’s actually happening in your case, explain your options in plain English, and help you build a strategy instead of guessing. Get to know our attorneys, or find the office nearest you among our locations in West Palm Beach, Fort Lauderdale, and Miami.
Sources
[1] Fla. Stat. § 61.13 | https://www.flsenate.gov/Laws/Statutes/2026/61.13
[2] Ch. 2023-301, Laws of Fla. (CS/HB 1301) — amended Fla. Stat. § 61.13(3), removing the requirement that a substantial and material change be “unanticipated,” effective July 1, 2023 | https://laws.flrules.org/2023/301
[3] Fla. Stat. § 61.13001 | https://www.flsenate.gov/Laws/Statutes/2026/61.13001
