Once a child has been sheltered by the Department of Children and Families, Florida law provides the legal parents a year to reunify with that child. If neither reunification nor adoption is possible within that year, permanent guardianship may become the permanency goal.

Recent studies suggest that children achieve permanency quicker via reunification and permanent guardianship. Parents working through the dependency system often favor guardianship over the termination of parental rights. Guardianships are also preferred for older children who may still be bonded to their parents, but their parents are unable to safely parent their children independently even after the parents were offered a reunification case plan by the State of Florida.  Finally, Florida recently expanded guardianship benefits significantly (if certain criteria are met) to include college tuition waivers and monthly child support stipends. These factors all indicate the potential rise of permanent guardianship in Florida in years to come.

If the parents have complied with their court ordered case plan, they may have grounds to modify the permanent guardianship. Florida law is very specific about what circumstances merit modification of a permanent guardianship order. Parents must demonstrate a “substantial change in circumstances” affecting the child’s best interests before seeking modification. Ideally, everyone involved in the guardianship would agree with the modification, but that may be unrealistic and the modification petition may be contested. Nevertheless, once parents have a good faith basis to demonstrate a substantial change in circumstances, parents must:

1. Consult an Attorney: seek guidance from an attorney who specializes in dependency law in Florida. They can help you understand the specific legal requirements and navigate the process effectively.
2. Work with your attorney and prepare a thorough petition. Your petition should include:
   • Your name and relationship to the child
   • Details of the original guardianship order and the dependency case
   • Explanation of the reasons for seeking modification
   • Any supporting evidence or documentation
   • Proposed modifications to the guardianship order
3. File the Petition: File the petition with the court that has jurisdiction over the dependency case. Parents must file their petitions in juvenile court. Family court judges cannot modify a permanent guardianship order. Parents may also need to pay a filing fee unless they qualify for a fee waiver.
4. Serve Notice: Serve notice of the petition and the upcoming hearing to all interested parties, including the child (if old enough), the current guardian, any other parent (if applicable), the child welfare agency involved in the dependency case, and any other relevant parties.
5. Attend the Hearing: The juvenile court judge will schedule a brief hearing to discuss the petition and whether there are any objections to the petition. If objections exist, the court will schedule a longer hearing to consider the petition during that first brief status hearing. All interested parties will have the opportunity to present evidence and arguments at the longer hearing on the petition if needed. Be prepared to explain why the modification is necessary and in the child’s best interests.
6. Obtain the Modified Order: If the court approves the modification, it will issue a new permanent guardianship order reflecting the changes. Obtain a certified copy of the modified order for your records.
7. Comply with Court Requirements: If the court modifies the order and reunifies the parent with their child, the court may still impose specific requirements or conditions that the parent must fulfill. For example, the Department of Children and Families will monitor the parents and the child for six months after reunification. The court may also impose certain therapeutic obligations upon the parents after reunification, such as family therapy. Parents must comply with these terms and conditions or risk losing custody again.

It’s essential to follow Florida’s dependency and guardianship laws and procedures, as they can vary and have specific requirements. Consulting with a knowledgeable attorney will help ensure that you navigate the process correctly and in compliance with the law.