Florida Court Reaffirms The Standard For Modifying A Parenting Plan

Most parents expect that if they have to modify a parenting plan, the process is generally straightforward. While it can be with a cooperative ex, if you need the court to intervene, it will take a lot of effort to get your changes ratified. In this article, the Tampa, FL, family lawyers at Faulkner Law Group, PLLC, will discuss a real Florida family law case dealing with a modification of a parenting plan.

Background of the case 

The court ordered a final judgment in the case that addressed issues relating to parental responsibility, such as timesharing and child support. Afterward, the ex-wife entered a motion to modify the divorce decree’s terms. Her assertions provided various reasons for modifying the terms in question.

After considering the claims made by the former wife, the trial court decided to rule in favor of the husband and dismiss the matter. According to the court, despite the credibility of the claims, they fell short of the statutory standard necessary for modifying a parenting plan under Florida law. As a result, the former wife appealed the case to the Third District Court of Appeal.

The appeal 

Upon review, the Third District analyzed whether the allegations made in the petition demonstrated a factual basis for a modification under § 61.13, Fla. Stat. Unlike in many other cases, the issue of dissatisfaction of one of the parties involved with the terms of a particular agreement does not constitute the proper ground for filing a modification request. Instead, a party requesting a modification needs to prove that a significant and unforeseen change of circumstances has occurred that affects the child’s welfare.

Accordingly, the appeals court upheld the trial court’s dismissal order. Based on the petition submitted by the former husband, the appellate court found no evidence that he had proved the significant changes necessary to reopen the parenting plan. Thus, because the allegations in the petition did not meet the statutory criteria, the trial court was justified in dismissing the petition without any evidentiary proceedings.

When rendering its opinion, the Third District underscored that courts in Florida place great emphasis on stability in children’s lives. Once a certain parenting plan has been implemented, a court should be very reluctant to change it unless there is a compelling reason to do so. This approach ensures that parents do not engage in constant disputes regarding their custody rights.

Key takeaways 

When deciding on modifications, you should bear in mind that preparation is necessary. In court, you need to present solid grounds for the alteration of the parenting plan. Otherwise, the application for modifications could fail at an early stage. This way, parents will find out whether filing suit for the modification of an existing plan is sensible.

Talk to a Tampa, FL, Family Law Attorney Today 

Faulkner Law Group, PLLC, represents the interests of Tampa parents looking to modify a parenting plan. 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/117031284.html