Parenting plans are designed to give families structure after a separation. They outline how parents will share time, make decisions, and care for their child. But as any parent knows, life doesn’t always follow a plan.

If something major has changed in your life, you might be asking: Can I modify my parenting plan in Florida? The good news is, yes, but the court will only approve changes under specific legal circumstances.

At Bernstein Law, we help parents across Florida understand their rights and take confident legal steps forward. If your current plan no longer fits your family’s needs, call (727) 209-7957. Unlike other Florida family law attorneys, Derek Bernstein offers a free initial consultation. 

Before a Florida court will approve any parenting plan modification, one key legal question must be answered: Has something in your life or your child’s life changed significantly enough to justify it?
The law doesn’t allow parents to update a plan simply because it’s inconvenient. Instead, there must be what the court calls a “substantial change in circumstances.” Understanding what that means is the first step toward knowing if a modification is even possible.

Florida’s Legal Standard – Statute 61.13

Under Florida Statute § 61.13, a parenting plan can only be modified if the circumstances are:

• Substantial — something significant has happened, not just a minor or routine shift
• Material — the situation directly impacts the child’s well-being or the parenting arrangement
• Unanticipated — it wasn’t something either parent could have reasonably expected when the original plan was created

This legal threshold is intentionally high to prevent constant disruptions and protect the child’s stability.

Why the Legal Standard Matters

Florida courts focus heavily on keeping life consistent for children after a divorce or separation. They want to avoid unnecessary back-and-forth changes unless it’s clear that a real, lasting shift has happened.

Proving this kind of change is the very first requirement for any custody modification request. Without it, the court won’t move forward even if both parents agree that the current plan isn’t working well.

When Life Changes Might Meet the Legal Standard

Here are a few examples that might meet the court’s definition of a substantial change:

• A parent is offered a new job and must relocate 200 miles away
• A significant shift in work hours makes weekday visitation no longer possible
• One parent is no longer following the agreed-upon plan, making co-parenting difficult
• Concerns about the child’s safety have come to light

These are just starting points. Every case is different, and whether a change meets the legal standard will depend on the full picture.

As families grow and circumstances shift, the original custody arrangement may start to feel out of step with everyday life. It’s common for parents to reach a point where what once worked no longer fits the needs of their child or their new reality.

If you’re thinking about a change to your custody agreement in FL, you’re not alone. Life events like a move, job changes, or ongoing communication issues can create challenges that make legal updates necessary. Below are some of the most common reasons Florida parents request a formal modification through the court.

A Parent Relocates

Whether it’s a move for work, family support, or a fresh start, relocating can make an existing schedule difficult or impossible to maintain. Transportation logistics, school pick-ups, weekend time-sharing, and regular contact with both parents may all be affected.

Florida courts look closely at why the parent is moving and how it will impact the child’s routine and emotional stability before approving any modification.

Changes in Work Schedule or Employment

Life rarely sticks to a 9-to-5. A new job with night shifts, weekend hours, or unpredictable demands can drastically alter a parent’s availability. Job loss and financial strain may also interfere with the ability to meet time-sharing obligations.

If your work life has changed in a way that makes the current plan hard to follow, this may be a reason to revisit the terms through the court.

A New Relationship or Unsafe Home Environment

New relationships and changes at home can also lead to custody concerns, especially if they affect the child’s physical or emotional safety. A parent moving in with a new partner, having frequent overnight guests, or creating a disruptive household environment may be cause for concern.

If the court believes a child is exposed to substance use, instability, or other risks, it may consider modifying the existing plan to better protect the child.

Ongoing Co-Parenting Issues or Violations

Even the best-written parenting plans require cooperation to work. If one parent routinely ignores the agreement, cancels visits without reason, refuses communication, or undermines the other parent’s role, this can take a toll on everyone involved, especially the child.

These patterns of behavior can break down trust between parents and negatively impact the child’s sense of stability, which the court takes seriously when considering a modification.

When things like this start affecting your child’s stability, it’s more than just frustrating; it’s a sign that something may need to change. Florida courts understand that, and they take these situations seriously. If your current arrangement no longer supports your child’s well-being, there are compassionate legal steps you can take to help restore balance for your family.

If you’re thinking about asking the court to update your custody arrangement, the documents you provide can make a real difference. Judges don’t make decisions based on assumptions; they rely on clear, well-organized information to understand what’s happening in your child’s life.

Below are some of the most helpful materials parents can collect to support a custody or parenting plan modification in Florida.

Clear and Relevant Records

Documents like school attendance reports, grades, or medical records can help show how your child is doing under the current plan. If there are concerns about safety or well-being, police reports or sworn affidavits from others involved in your child’s life may also be important.

Communication That Supports Your Case

Save any text messages, emails, or voicemails that show the other parent is not following the current agreement. For example, missed pick-ups, refusal to communicate, or changes made without your agreement can all help demonstrate ongoing issues.

Updated Schedules or Employment Documentation

If your work schedule has changed, or the other parent’s has, include job letters, shift changes, or proof of a relocation. These materials help the court understand how life circumstances have shifted and why a new plan might be necessary.

Why Strong Documentation Matters

You don’t need to present a mountain of paperwork, just enough to paint a clear picture. Well-organized documentation makes it easier for your attorney to build your case and for the judge to see why your request is valid. It also prevents delays and reduces confusion in what can already be an emotional process.

Having this kind of information ready can go a long way in helping the court understand your situation. If you’re unsure what documents apply to your case, a family law attorney can help you gather the right materials and make sure your voice is heard.

It’s not always easy to know what to do when a custody arrangement no longer works the way it should. The legal process can feel unfamiliar at first, but having a clear picture of the steps involved can bring peace of mind. In Florida, there’s a straightforward path to request changes to a parenting plan, and with the right support, it’s one you don’t have to take alone.

Talk to a Family Law Attorney First

Before anything is filed, it’s important to speak with a child custody attorney in Florida with experience in parenting plan modification. You need a lawyer who can review your situation, explain your options clearly, and help you avoid missteps that could delay your case. Even if you feel confident, having an experienced guide, like Derek Bernstein, from the start can make a big difference.

File a Supplemental Petition for Modification

This petition is the official way to ask the court to change the existing parenting plan. It must be filed with the appropriate Florida family court and should clearly outline the substantial change in circumstances and why the modification is in the child’s best interest.

Serve the Other Parent

Once the petition is filed, the other parent must be formally notified through legal service. This isn’t just a courtesy; it’s a required part of the process that gives both parents a fair opportunity to participate and respond.

Attend Mediation or a Court Hearing

In many cases, Florida courts will require mediation to see if the parents can agree on a revised plan without going to trial. Many parenting plan disputes are resolved at this stage, making a court hearing unnecessary.

If mediation doesn’t resolve the issue, a hearing may be scheduled so a judge can make the final decision.

Clarify the Role of the Court

The judge will evaluate all evidence and testimony to determine whether the proposed changes meet Florida’s legal standard. At the heart of every decision is one question: Is this in the best interest of the child?

Taking the right legal steps early can help you feel more in control and better equipped to protect your child’s well-being. With the right guidance, you can take steady steps forward and do what’s right for your child, even in uncertain times.

Questions about parenting plan changes are common and completely valid. This is a deeply personal process, and it’s easy to get mixed messages or feel unsure about what’s allowed. Below are some of the most common misconceptions we hear from Florida parents, along with a little clarity on what the law actually says.

Misconception 1: “My Child Is Old Enough to Choose Where to Live.”

While the court may consider a child’s preference, especially as they grow older, it’s just one of many factors. The judge ultimately decides based on what’s in the child’s best interest, not simply on age or opinion.

Misconception 2: “We Can Just Agree Verbally and Not Update the Court.”

Even if both parents agree to a change, it won’t be legally enforceable unless the court approves the modification. Verbal agreements leave both parties vulnerable and can create confusion down the road.

Misconception 3: “Small Changes in My Job Should Be Enough.”

Not all life changes meet the legal standard for modifying a parenting plan. Florida law requires that the change be substantial, material, and unanticipated. Minor scheduling adjustments or job shifts may not qualify unless they significantly affect your ability to follow the current plan.

Misunderstandings like these can lead to frustration or even legal setbacks. That’s why it’s so important to get clear, honest advice from a Florida family law attorney who understands how the courts interpret these situations.

Wondering if your current parenting plan still works for your family? This quick checklist isn’t a test; it’s a tool to help you reflect. Every situation is different, but these questions highlight what Florida courts often consider when reviewing custody modification requests.

• Major Life Changes: Has there been a significant change in your life or the other parent’s life since the parenting plan was created?
• Relocation: Has one parent moved, or is planning to move, a long distance (typically 50+ miles)?
• Work Schedule Changes: Have your work hours changed in a way that affects your availability for parenting time?
• Child’s Well-Being: Is your child’s school performance, health, or emotional well-being being negatively impacted under the current plan?
• Violations of the Current Plan: Is the other parent consistently ignoring or violating the parenting plan?
• Concerns About Safety or Environment: Are there new concerns about your child’s physical or emotional safety in the other parent’s home?
• New Relationships or Living Situations: Has the other parent introduced a new partner or unstable living environment that affects your child?
• Documentation and Evidence: Do you have supporting documentation, like texts, school records, or schedules, to back up your concerns?
• Attempts to Resolve Issues: Have you tried to address the issue directly with the other parent, but nothing has changed?
• Best Interest of the Child: Do you believe the change you’re requesting would truly benefit your child?

If you found yourself saying “yes” to several of these questions, it may be time to speak with a family law attorney. A knowledgeable advocate can help you determine if your situation meets Florida’s legal standard and what next steps are right for your child.

Modifying a parenting plan can feel overwhelming, especially when your child’s needs are evolving and the legal system feels unfamiliar. At Bernstein Law, we’re here to make the process more manageable, offering clarity, strategy, and unwavering support throughout your case.

Trusted Legal Guidance from a Florida Family Law Attorney

Attorney Derek Bernstein understands the emotional weight that often comes with parenting plan changes. He brings years of family law experience and works directly with each client to understand their situation, goals, and concerns. You won’t be left navigating the process alone, and you’ll have a clear plan and a steady advocate on your side.

Building Strong Modification Petitions

A successful modification case doesn’t happen by accident. Bernstein Law builds every petition with care, backed by clear documentation, thoughtful legal strategy, and a full understanding of what Florida courts need to see. From filing to mediation and hearings, we help present your case in a way that puts your child’s best interest front and center.

Local Representation in St. Petersburg and Beyond

Bernstein Law serves families across Florida with deep roots in the St. Petersburg community. That local presence matters; we understand the nuances of nearby courts, filing processes, and what local judges look for in a strong modification request.

Avoid Mistakes That Could Delay Your Case

Even small missteps in the paperwork or process can set your case back. Working with an experienced attorney helps you avoid those delays, giving your request a stronger foundation and your family a better chance at a timely resolution.

Legal knowledge matters, but so does having someone in your corner who genuinely cares. At Bernstein Law, we combine both to help you move forward with confidence, knowing your child’s well-being is always the priority.

At the heart of Bernstein Law is Attorney Derek Bernstein, a Florida family law attorney known for combining practical legal skill with genuine care for his clients. Based in St. Petersburg, Derek works one-on-one with parents navigating the emotional and legal complexities of custody and parenting plan modifications.

Clients often describe him as both approachable and strong, the kind of advocate who listens, responds, and fights hard for what’s right. Known as The Law Bear, Derek brings a balance of compassion and tenacity to every case, helping families feel supported while building strong legal strategies.

Families don’t just need a lawyer, they need someone who truly understands what’s at stake. Derek Bernstein brings both legal skill and heart to eachof his cases, offering the kind of steady guidance that helps parents feel seen, heard, and protected when it matters most.

When your parenting plan no longer works, waiting can make things harder. Bernstein Law is ready to help you take action that protects your child and restores peace of mind.

Attorney Derek Bernstein has helped parents across Florida make the changes they need, with honest guidance, strong legal strategy, and a commitment to what’s best for your family.

Call (727) 209-7957 now to schedule a free initial consultation, or use our online contact form to get started today.

Being involved in an Uber or Lyft accident in St. Petersburg can be confusing and overwhelming. Unlike typical car crashes, rideshare accidents involve additional layers of insurance, corporate policies, and liability questions that complicate the claims process.

Whether you were a passenger, a rideshare driver, or another party injured in a crash involving an Uber or Lyft vehicle, this guide will walk you through what to do next. From understanding Florida’s insurance rules to taking legal action, we break down every step to help protect your rights and build a strong claim.

At Bernstein Law, we understand the unique challenges rideshare victims face. If you’ve been injured in an Uber or Lyft accident in St. Petersburg, call us at (727) 209-7957 today to speak directly with attorney Derek Bernstein and get the legal help you need.

Rideshare accident cases involve more than just two drivers exchanging insurance — they often include multiple layers of coverage, corporate policies, and Florida-specific legal rules. Being aware of these factors is essential to filing a successful claim.

Rideshare Insurance: How Coverage Works

Uber and Lyft use a tiered insurance system that changes depending on what the rideshare driver was doing at the time of the accident:

• App off: Only the driver’s personal auto insurance applies.
• App on, no passenger yet: Uber or Lyft provides limited liability coverage (typically $50,000 per person / $100,000 per accident).
• En route to a passenger or during a trip: Uber or Lyft offers up to $1 million in liability coverage, plus potential uninsured/underinsured motorist protection.

Determining the exact status of the app at the time of the crash is critical, as it affects which insurance policy applies and what compensation may be available.

Who’s Covered Under These Policies

Rideshare-related coverage doesn’t just apply to the driver:

• Passengers in Uber or Lyft vehicles are typically protected under the company’s $1 million liability policy once the trip has started.
• Rideshare drivers may rely on a combination of their personal policy and Uber/Lyft coverage, depending on their app status.
• Third parties, such as pedestrians, cyclists, or other drivers struck by a rideshare vehicle, may also be covered, depending on whether the rideshare driver was actively using the app.”

Identifying your role in the crash helps clarify which insurance applies and how to file your claim properly.

Florida’s No-Fault (PIP) Rules & When They Don’t Apply

Florida is a no-fault state, which means that Personal Injury Protection (PIP) applies first, regardless of who caused the accident. Whether you’re a rideshare passenger, an Uber or Lyft driver, or someone else involved in the crash, your own PIP coverage typically pays for medical expenses and some lost wages.

However, if your injuries meet the state’s “serious injury” threshold, you can step outside of the no-fault system and pursue a claim against the at-fault party. This allows you to seek additional damages such as pain and suffering, lost future earnings, and long-term or permanent medical costs.

Since rideshare accidents often involve multiple insurers and complex coverage rules, it’s crucial to distinguish when PIP applies and when it doesn’t to safeguard your legal rights.

Understanding Florida’s Modified Comparative Fault Law

In 2023, Florida revised its comparative fault law, capping compensation based on fault percentage. If you are found more than 50% responsible, you cannot recover damages.

This means that any assigned fault in a rideshare accident can reduce your compensation proportionally or even bar recovery entirely. Given the frequent disputes over fault in rideshare crashes, careful evaluation of this law’s impact on your case is vital.

Florida’s no-fault system, layered insurance, and comparative fault law create a complex claims environment. An experienced lawyer can help navigate these challenges, protect your rights, and fight for the compensation you deserve.

A rideshare accident can be overwhelming and confusing. Taking quick, careful action after the crash can protect your health and legal rights.

Here’s what to do right away:

Prioritize Safety and Medical Attention

First and foremost, check yourself and others for injuries. Even if you feel okay, seek immediate medical care, symptoms can appear hours or days later. If it’s safe, move to the side of the road or another secure area to avoid further danger.

Call 911 and Request a Police Report

Always call 911 to report the accident. A police report creates an official record that supports your claim. Stay at the scene until officers arrive, answer their questions factually, and ask how to get a copy of the crash report for your records.

Collect Important Information

Gather contact and insurance details from everyone involved, including:

• Rideshare driver’s name and phone number
• Personal and rideshare company insurance information
• Screenshots of the trip showing the app status, pickup/drop-off locations, and ride times
• Contact info of any witnesses who saw the accident

Document the Scene with Photos

Take clear photos of:

• All vehicles involved, highlighting visible damage
• Road conditions, street signs, and traffic signals
• Any visible injuries you or others may have

These images serve as powerful evidence for your claim.

Don’t Admit Fault or Post on Social Media

Avoid admitting blame at the scene, even casually. Also, do not post about the accident on social media, as insurance companies might use your posts against you later.

Save This Step-by-Step Post-Rideshare Accident Checklist

Stress can make it hard to remember every detail. Screenshot this checklist to ensure you don’t miss any important steps.

Taking these actions promptly can protect your well-being and strengthen your legal case. After you’ve handled these steps, consulting an experienced St. Petersburg rideshare accident lawyer can provide the guidance you need to navigate the complex claims process ahead.

After a rideshare crash, one often overlooked but critical step is properly notifying the platform involved. Whether you were a passenger, driver, or third party, alerting Uber or Lyft starts a formal record of the incident and may trigger insurance coverage. Here’s how to do it and what to expect.

How to Report a Rideshare Accident in St. Petersburg

Both Uber and Lyft make it relatively easy to report accidents through their apps:

• In the Uber app: Go to “Your Trips,” select the relevant ride, and choose “Report an Issue” > “I was in an accident.”
• In the Lyft app: Tap the ride from your trip history, then select “Get Help” > “Report a Safety Issue.”

If you weren’t the passenger or driver, such as a pedestrian or another motorist, you can also report the crash through Uber’s or Lyft’s official support websites.

What to Expect After Reporting Your Rideshare Accident

Once you report the accident, either the rideshare company or its insurance provider may follow up for additional information. They might request:

• A written or recorded statement
• Photos from the scene
• Trip receipts or ride history
• Medical documents related to your injuries

Remember, these companies and their insurers protect their bottom line, not your best interests. Be cautious when communicating and avoid sharing too much without legal guidance.

Why Legal Guidance Matters Early

What you say to Uber, Lyft, or their insurers can directly affect your ability to receive compensation. Even small misstatements, like minimizing your injuries or guessing about fault, can be used against you.

That’s why it’s wise to speak with a personal injury attorney before engaging further. At Bernstein Law, we help rideshare accident victims navigate this process with confidence. We handle communication with Uber or Lyft on your behalf to keep your rights and recovery as the priority.

Navigating a rideshare injury claim is rarely simple, especially in Florida, where state-specific laws, corporate insurers, and multi-layered coverage policies add complexity. At Bernstein Law, we don’t treat your case like a number. We deliver focused, attorney-led representation designed to stand up to big insurance companies and achieve real results for Florida victims.

Direct Access to Attorney Derek Bernstein

When you hire Bernstein Law, your case doesn’t get handed off to a case manager or buried in a legal assembly line. You speak directly with attorney Derek Bernstein from day one through resolution. Every legal strategy is tailored to your unique circumstances — no cookie-cutter approaches. You get personalized legal guidance from someone who’s genuinely invested in your outcome.

Experience with Florida Rideshare Insurance Disputes

Florida’s insurance system is unique, and rideshare claims add an extra layer of complexity. We understand how Uber and Lyft coverage interacts with Florida’s no-fault rules, know how to identify when your injuries meet the “serious injury” threshold to pursue a fault-based claim, and have extensive experience pushing back against delay and denial tactics commonly used by national insurers targeting Florida victims.

We Build Cases That Stand Up to Corporate Insurance Teams

Winning your case starts with building it the right way, and that’s where we excel. We thoroughly investigate details like the driver’s app status to pinpoint the applicable coverage, gather and preserve crucial evidence such as app data, police reports, and medical records, and negotiate assertively with corporate insurers, always prepared to take your case to trial if needed.

Highly Experienced in the Pinellas Courts

We’re based in Florida, which makes a real difference. We know the local court systems in St. Petersburg and throughout the state, understand how local traffic laws, law enforcement, and area medical providers can impact your case, and combine personalized one-on-one support with the strength of a statewide legal advocate.

At Bernstein Law, we’ve built our reputation by putting Florida clients first, not case volume. If you’ve been hurt in a rideshare accident, we’re here to listen, guide, and fight for the recovery you deserve.

Navigating rideshare insurance after a crash can be overwhelming. Here are answers to some of the most common questions Florida accident victims have about Uber and Lyft coverage.

What Kind of Insurance Does Uber or Lyft Provide in Florida?

Answer: Uber and Lyft provide different levels of insurance coverage depending on whether the driver was off duty, waiting for a ride, or actively transporting a passenger. These tiers determine which policy applies and how much compensation may be available in the event of an accident.

I Was a Passenger in an Uber or Lyft. Do I Have to Use My Own Insurance First?

Answer: Yes. Because Florida follows a no-fault system, your Personal Injury Protection (PIP) coverage typically applies first, even if you were not driving. However, if your injuries are severe enough to meet the legal threshold, you may be able to pursue additional compensation through the rideshare company’s insurance.

What If the Rideshare Driver was Off-duty During the Crash?

Answer: If the rideshare driver was not logged into the app at the time of the crash, then their personal auto insurance is the only coverage available. In these cases, Uber or Lyft will not provide any insurance support, which can complicate the claims process if the driver’s coverage is limited or denied.

Even when the details seem straightforward, rideshare accidents often involve multiple insurance layers and coverage disputes. If you’re unsure which policy applies to your situation, an attorney can help clarify your options and advocate for the compensation you deserve.

Rideshare accidents often leave victims unsure of their legal rights, especially when corporate policies and independent contractors are involved. Here are answers to the most common questions about liability and what steps you can take.

Can I Sue Uber or Lyft Directly After an Accident?

Answer: In most cases, you can’t sue Uber or Lyft directly because their drivers are classified as independent contractors. However, you may still have a valid claim against the rideshare company’s insurance if the driver was actively using the app. Specific legal exceptions do exist, which is why it’s important to consult an attorney about your case.

Can I File a Claim if I Was Hit By an Uber or Lyft Driver?

Answer: Yes. If a rideshare driver struck you while you were walking, biking, or driving, you may be able to file a claim, especially if the driver was logged into the app. The driver’s status at the time of the crash will determine which insurance policy applies and how much compensation may be available.

Do I Need a Lawyer After an Uber or Lyft Accident in Florida?

Answer: While it’s not required, hiring an attorney is often critical in rideshare cases. Insurance companies may dispute fault, minimize injuries, or delay claims. An experienced Florida lawyer can protect your rights, deal with the insurer, and help you recover the compensation you’re entitled to.

Legal guidance can be the difference between a denied claim and a fair outcome. If you’ve been injured in a rideshare accident, don’t wait to get the answers and support you need.

Dealing with a rideshare accident claim can feel overwhelming, especially with strict deadlines and legal procedures involved. These frequently asked questions can help you avoid costly missteps and protect your right to fair compensation.

How Long Do I Have to File a Rideshare Injury Claim in Florida?

Answer: In most cases, you have two years from the date of the accident to file a personal injury claim in Florida. However, certain factors could shorten or extend this deadline, so it’s important to take action early and consult with an attorney.

What Damages Can I Recover in a Rideshare Accident Claim?

Answer: You may be entitled to compensation for medical bills, lost income, pain and suffering, property damage, and future expenses linked to long-term injuries. The specific damages depend on the circumstances of your case and the insurance coverage available.

What Should I Avoid Doing After a Rideshare Accident?

Answer: Don’t admit fault at the scene, post about the accident on social media, or speak to insurance adjusters without legal guidance. These actions could be used to reduce or deny your claim.
Even a small error can impact your recovery. The sooner you understand your legal options and get support, the stronger your case will be.

When your health, finances, and future are on the line after a rideshare accident, the law firm you choose matters. Here’s why injured Floridians turn to Bernstein Law with confidence.

Why Choose Bernstein Law for My Uber or Lyft Accident Case?

Answer: At Bernstein Law, you’re never just a case number. From day one, you work directly with attorney Derek Bernstein — not passed off to a junior associate or case manager. We bring a deep understanding of Florida’s complex rideshare insurance rules, a hands-on approach to gathering evidence, and a proven strategy for holding corporate insurers accountable. Our team is committed to building the strongest case possible and fighting for the outcome you deserve.

We don’t just represent rideshare accident victims, we advocate for them every step of the way.

Rideshare accidents bring unique challenges that require swift, skilled legal action to protect your interests. The sooner you have an experienced attorney by your side, the better your chances of a fair outcome and maximum compensation.

Bernstein Law offers a free consultation to review your case and help you understand your best steps forward with clear, honest advice tailored to your needs.

If you’ve been hurt in an Uber or Lyft crash in St. Petersburg, call Bernstein Law now at (727) 209-7957. Let’s make sure you’re not left with the medical bills and unanswered questions. You deserve an advocate who puts you first.