Posted by Nydia Streets of Streets Law in Florida Child Custody
Modification of a Florida parenting plan can be ordered when there is a showing of a substantial change in circumstances which was not contemplated at the time the original judgment was entered. The inability of separated parents to get along may alone not be enough to change a parenting plan. However, a parent’s continuous violation of a parenting plan may be a basis to modify the same. This was an issue in the case Aiala v. Larkin, 4D20-55 (Fla. 4th DCA March 3, 2021).
The mother filed a petition to modify the parties’ parenting plan. After a trial, the lower court determined there was a substantial change in circumstances which warranted changing the parenting plan in the mother’s favor, including giving the mother ultimate decision-making authority with regard to medical decisions. The father appealed, arguing that “the evidence merely showed an acrimonious relationship and lack of communication between the father and mother.”
The appellate court disagreed, noting “the court found that their relationship was more than acrimonious, including a battery by the father against the mother and other physical acts, as well as his violation of the parenting plan by preventing communication between the mother and child." The appellate court held the award of ultimate decision-making authority as to medical decisions to the mother was appropriate, stating “[I]n this case, the court found that the parties do not communicate, and their relationship is beyond acrimonious. The father refused to take the child to medical appointments and, when he did offer, it was his girlfriend who would take the child. He also sometimes failed to give the child necessary medicine, and he knew very little of the details concerning the child's healthcare. The court weighed all of these factors and determined that when the parties disagree, the mother should have ultimate authority over non-emergency medical decisions. The court did not abuse its discretion.”
Parents who do not get along are more likely to end up in court repeatedly even after a final judgment is entered. Seeking counsel from an experienced Miami family law attorney may give clarity and help a party understand the pros and cons of proceeding with litigation.