Posted by Nydia Streets of Streets Law in Florida Child Custody

Modifying a Florida parenting plan requires the showing of a substantial, material, and unanticipated change of circumstances, according to the Florida Statutes. If a party appeals a trial court’s decision to modify a parenting plan, an appellate court will analyze whether competent, substantial evidence supports the trial court’s decision. This was an issue in the case Miedes v. Ideses, 3D21-1112 (Fla. 3d DCA August 24, 2022).

The published opinion in this case does not give much information in the way of facts. However, it is reported that the father in a paternity case filed a petition to modify the parenting plan. There was a lengthy trial that included testimony from experts, and the court found in favor of the father. The mother appealed. The appellate court held “We find no error in the trial court’s detailed thirty-four-page order granting modification of the parenting plan and child support, made after a seven-day trial with evidence from the parties and experts, as it contained explicit findings of fact supported by competent, substantial evidence and properly analyzed the statutory factors of section 61.13(3), Florida Statutes.”

Schedule your consultation with a Miami child custody lawyer to understand how the law may apply to the facts of your case.