How to Change Child Visitation in Florida When it Is Uncontested
Modifying a child visitation agreement in Florida is relatively simple especially when it is uncontested. You do not need the court's approval when modifying a visitation plan and both parties agree to the changes. However, you may want the court's approval, in case of any future problems. If the new plan is not documented in court, you will have no legal recourse if something happens. You and your ex may verbally agree to the changes or you can file a modification in family court.
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Instructions
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Complete form 12.905a. This form can be obtained online or through the clerk of the courts. You must use black ink or type the form. Do not sign it. Make a copy for your records.
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Gather necessary documents. You will need copies of the final judgment and any modifications made to your parenting plan.
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File the form at the county courthouse where the original order of child custody was finalized. Bring the form to the clerk of court and sign the document in front of her. Include the copies of your final judgment with form 12.905a.
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Serve your ex with a supplemental petition notifying him of the modification plan. Since the plan is uncontested, he will already know of the changes but will need to respond to the petition within 20 days.
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Wait for your ex to answer the petition. After he agrees to all changes, you can call the clerk at the courthouse or the family law intake staff to schedule a final hearing.
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Complete a Notice of Hearing Form (form 12.923) to document that you notified your ex of the hearing date. The form can be obtained online or at the courthouse.
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Attend your hearing. If you and your ex agree to the changes, the judge will likely agree to the changes too unless he feels it isn't in the best interest of the child. The judge will provide you with a stipulated modification if he agrees to the new parenting plan.
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References
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