Posted by Nydia Streets of Streets Law in Florida Child Custody
Modification of a Florida parenting plan requires the court to consider statutory factors and make findings regarding them in the final judgment. This was an issue in the case Edwards v. Williams, 6D2023-3077 (Fla. 6th DCA December 23, 2025).
The parties originally had a long-distance parenting plan entered by the court in their child custody case. The father subsequently filed a petition to modify the parenting plan. The trial court entered a final judgment modifying the parenting plan to grant shared parental responsibility with ultimate-decision making authority awarded to the father on education and medical care issues. The mother filed a motion for rehearing alleging the trial court did not make the required findings in its final judgment under Florida Statutes Chp. 61.13. It was denied, and she appealed.
The appellate court agreed with the mother, holding “While the trial court made findings under section 61.13(3), the ASFJ only stated that the father met his burden to prove a substantial change in circumstances and that modifying the parties’ long distance parenting plan was in the child’s best interest. But section 61.13(3) requires a ‘substantial, material, and unanticipated change in circumstances and a determination that the modification is in the best interests of the child.’ The trial court failed to make any finding that the substantial change in circumstances was ‘material’ or ‘unanticipated.’ [. . .] Consequently, we reverse and remand for the trial court to make appropriate findings of fact. Upon remand, the trial court should determine whether the current record contains sufficient evidence to resolve this issue or whether further proceedings are necessary.”
Nothing in this article is intended to be legal advice. Schedule a meeting with a Miami family law attorney to determine the next best steps in your case.