Posted by Nydia Streets of Streets Law in Florida Child Custody

If a parent wants to modify a parenting plan to request sole parental authority, the other parent must be put on notice through proper pleadings. Absent notice and an opportunity to be heard, a parenting plan generally cannot be modified. This was an issue in the case Greenwood v. Greenwood, 3D24-1611 (Fla. 3d DCA February 19, 2025).

After the parties’ initial dissolution of marriage action, both parties participated in post-judgment litigation which included the father requesting ultimate decision-making related to education for their minor child. The parties disagreed about the child’s enrollment in private school. The father’s petition was ultimately denied. Later the father filed a “Verified Emergency Motion to Compel Mother to Sign Re-Enrollment Contract” regarding the child’s enrollment in private school. According to the appellate opinion,

During the hearing on the motion, the trial court stated that it could not order the Mother to sign the contract. At the suggestion of Father’s counsel, the trial court agreed that it could issue an amended addendum to the final judgment granting the Father ultimate parental reasonability for the school year “only as it relates to enrollment for this calendar year.” However, the school’s attorney was not present at the hearing, and the hearing concluded with plans to speak to the school’s attorney before the order was issued.

An order was subsequently entered granting the father sole parental authority with relation to school enrollment. The mother appealed, arguing this was a violation of her due process rights.

The appellate court agreed with the mother, holding “Upon review of the record, we find that the trial court violated the Mother’s due process rights by awarding the Father ultimate decision making authority over the Minor Child’s education when: 1) the Father did not request this relief in the motion; 2) the Father previously requested ultimate decision making over education, which was denied; 3) the parties did not discuss this option in the hearing; and 4) the Mother did not receive notice or an opportunity to be heard regarding this change in the parenting plan and final judgment.” The order was therefore reversed.

Schedule your meeting with a Miami family law attorney to discuss your options in your case.