Miami family law attorney blog
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Modify Florida Parenting Plan
Posted by Nydia Streets of Streets Law in Florida Child Custody
Can a Florida court temporarily modify a child custody determination? Depending on the circumstances, a temporary order may be entered to protect a child. But if there is no emergency, a court may not be able to modify a child custody determination without a properly filed petition for modification. This was an issue in the case Radko v. Levi, 4D2024-0162 (Fla. 4th DCA September 4, 2024).
Posted by Nydia Streets of Streets Law in Florida Child Custody
A temporary change in time-sharing can be ordered if there is an issue affecting the best interest of the children. At hearings regarding child custody issues, both parties must be given the opportunity to present evidence regarding the best interest of the children. This was an issue in the case Whitacre v. Ragan, 2D2023-1906 (Fla. 2d DCA June 21, 2024).
Posted by Nydia Streets of Streets Law in Florida Child Custody
Prior Florida case law has held that a parent achieving sobriety may not be enough to constitute a change in circumstances that permits modification of a parenting plan that restricts the parent’s time-sharing based on substance abuse. However, a recent case clarifies this standard.
Posted by Nydia Streets of Streets Law in Florida Child Custody
Usually, when a parent wants to change a Florida parenting plan, the parent must show there has been a substantial and material change in circumstances. When is this showing not required? This was an issue in the case Perseo v. Donofrio, 4D2022-2706 (Fla. 4th DCA February 7, 2024).
Posted by Nydia Streets of Streets Law in Florida Child Custody
Modification of a Florida parenting plan requires the parent seeking modification to show “(1) circumstances have substantially and materially changed since the original time-sharing determination, (2) the change was not reasonably contemplated by the parties, and (3) the child’s best interests justify changing the time-sharing plan.” Lyles v. Guffey, 305 So. 3d 839, 840 (Fla. 1st DCA 2020) (citing Garcia v. Guiles, 254 So. 3d 637, 640 (Fla. 1st DCA 2018)). Modification of a parenting plan was an issue in the case Heath v. Lee, 1D2022-2963 (Fla. 1st DCA October 25, 2023).
Posted by Nydia Streets of Streets Law in Florida Child Support
When modifying a Florida child support order, there has to be a showing of a substantial change in circumstances. The net incomes of the parents is the focus in determining child support guidelines. This was an issue in the case Dunson v. Dunson, 5D22-2607 (Fla. 5th DCA August 19, 2023).
Posted by Nydia Streets of Streets Law in Florida Child Custody
When a parenting plan is modified, there has to be a finding of a substantial, material and unanticipated change in circumstances. A finding must also be made that modification is in the best interest of the children. This was an issue in the case Davis v. Davis, 6D23-458 (Fla. 6th DCA May 19, 2023).
Posted by Nydia Streets of Streets Law in Florida Child Custody
When a parent seeks to modify a Florida parenting plan, the court must consider the factors listed in Florida Statute 61.13 to determine if modification is in the best interest of a child. The court has less discretion in modifying a parenting plan than it does in creating one. Modification of timesharing was an issue in the case Allyn v. Allyn, 2D21-2368 (Fla. 2d DCA November 30, 2022).
Posted by Nydia Streets of Streets Law in Florida Child Custody
When a parent wrongfully withholds court-ordered time-sharing from the other parent, the Florida statutes authorize a family court to award make-up time-sharing to the parent who was denied visits. Is a court required to award make-up time-sharing in an amount equal to the time missed? This was an issue in the case Spann v. Payne, 1D21-2323 (Fla. 1st DCA September 21, 2022).
Posted by Nydia Streets of Streets Law in Florida Child Custody
If a party refuses to appear at a hearing in a Florida family law case, can their consent to have matters heard by the court in their absence by implied? Due process is an important and required part of any family law case, and if a party is not on notice about what will be decided at a hearing, that party may have a claim for violation of due process. This was an issue in the case Athienitis v. Makris, 2D21-2376 (Fla. 2d DCA September 16, 2022).
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).
Posted by Nydia Streets of Streets Law in Florida Child Custody
Changing a Florida child custody order requires that a party file a petition for modification to put the other parent on notice of his or her intentions. What if a party requests modification and the other party responds with his or her version of a modified time-sharing schedule? Is this enough to put the petitioning party on notice that the other parent wants a modification as well? This was an issue in the case Roberts v. Diaz, 3D21-1912 (Fla. 3d DCA July 20, 2022).
Posted by Nydia Streets of Streets Law in Florida Child Custody
When is supervised visitation appropriate in a Florida child custody case? Since supervision is a restriction that greatly affects a parent’s access to a child, it may be viewed with a certain level of scrutiny. This was an issue in the case E.M. v. E.G., 2D21-1450 (Fla. 2d DCA July 6, 2022).
Posted by Nydia Streets of Streets Law in Florida Child Custody
Relief not requested in pleadings in a Florida family law case generally cannot be granted by the court. This is because due process requires that each party be given fair and reasonable notice of what he or she must defend against in the proceeding. This was an issue in the case Hernandez v. Hernandez, 4D20-2145 (Fla. 4th DCA March 9, 2022).
Posted by Nydia Streets of Streets Law in Florida Child Custody
A Florida parenting plan generally cannot contain clauses that automatically change time-sharing in the future. This is called a prospective-based best interest analysis and is disfavored. This is because it is difficult to know what the best interest of a child will be in the future, and this should be examined in real time. This was an issue in the case T.A. v. A.S., 2D21-1236 (Fla. 2d DCA March 4, 2022).
Posted by Nydia Streets of Streets Law in Florida Child Custody
A parent’s abuse of alcohol and/or drugs can be taken into account in a Florida child custody case. If a court awards time-sharing to one parent over the other based on the other parent’s substance abuse issues, can the other parent petition to modify time-sharing if he or she achieves sobriety? This was an issue in the case Daniello v. Settle, 4D20-2732 (Fla. 4th DCA March 2, 2022).
Posted by Nydia Streets of Streets Law in Florida Child Custody
Is mediation required in a Florida family law case? The answer depends on the procedures and rules set forth in the court in which your case is proceeding. In Miami-Dade County, for example, mediation is generally required in family law cases before a trial date can be set. This is most likely because the court wants to give the parties an opportunity to resolve the case on their own terms rather than having the court decide what happens. This was an issue in the case Kiger v. Kiger, 3D21-1150 (Fla. 3d DCA February 9, 2022).
Posted by Nydia Streets of Streets Law in Florida Child Custody
Usually a parenting plan that has been ratified by a final judgment in Florida remains in place until a party files a petition for modification and successfully convinces a court that there has been a substantial change in circumstances which warrants modification. An order temporarily modifying a permanent parenting plan can be entered if there is a showing of emergency circumstances. This was an issue in the case Esse v. Pepe-Katalinas, 5D20-2599 (Fla. 5th DCA November 12, 2021).
Posted by Nydia Streets of Streets Law in Florida Child Custody
When a parent withholds time-sharing from another parent, this may form the basis for a court to modify a Florida parenting plan. In order for this to happen, the parent who has been denied time-sharing must request the modification, and the court must find that the modification is in the best interest of the child. Modification on this basis was an issue in the case Nicholas v. Grant, 2D20-3298 (Fla. 2d DCA October 20, 2021).
Posted by Nydia Streets of Streets Law in Florida Child Custody
Therapists and guardians ad litem can be appointed in Florida child custody cases to assist the court in determining what is in the best interest of a child. However, there is a fine line between taking recommendations from these professionals and allowing them to determine when or how time-sharing should occur, for example. This was an issue in the case Barrack v. Barrack, 4D21-536 (Fla. 4th DCA June 30, 2021).
