Contested Custody Case Goes Before Florida Appeals Court

When a Florida custody case goes before a judge, the judge’s duty is to determine what’s in the best interests of the children. This standard governs all decisions that the judge makes with respect to custody disputes, which can get quite ugly. One case involving contested custody issues is Perez v. Perez, 769 So. 2d 389 (Fla. 3d DCA 2000). In this article, the Tampa, FL, child custody lawyers at Faulkner Law Group, PLLC, will discuss the case and how it applies to child custody decisions in Florida.

Background of the case 

In the Perez case, the parties, Mr. and Mrs. Perez, were divorced. The mother was designated as the residential parent of the minor child. After, the father filed a petition to modify custody. He sought to be named the residential parent and have primary custody of the child. He argued that changes in circumstances justified the modification, including concerns over the wife’s decision-making and her home environment.

The trial court ended up granting the father’s petition to transfer custody to him. This effectively transferred primary residential custody of their child to Mr. Perez. The mother appealed the decision, challenging whether the father had met the burden of proof required to justify changing custody.

The question then became: Did the father present sufficient evidence of a substantial, material, and unanticipated change in circumstances to justify modifying the custody agreement under Florida law?

The appeal 

In order to change a custody agreement, the petitioner must show that a “substantial, material, and unanticipated change in circumstances has occurred to warrant the justification. Second, the court must consider whether or not the change is in the best interests of the children.

In this case, the appellate court found that the father failed to show any substantial or unanticipated change in circumstances to warrant a modification. His claims amounted to disagreements with the mother’s parenting style, which is not legally sufficient grounds for modification. Therefore, the appellate court ruled that the trial court abused its discretion in transferring custody to the father.

Key takeaways 

In Florida, a custody arrangement cannot be modified unless there is competent, substantial evidence of a material, unanticipated change in circumstances that impacts the child’s welfare. Parental disagreements are not enough to warrant modifying the agreement.

Talk to a Tampa, FL, Child Custody Attorney Today 

Faulkner Law Group, PLLC, represents the interests of parents in child custody disputes. Call our Tampa family lawyers today to schedule an appointment, and we can begin discussing your next steps right away.

Source:

caselaw.findlaw.com/court/fl-district-court-of-appeal/1165294.html