Previous Agreement Nullifies Substantial Changes Test To Custody Modification
Florida operates on a “best interests of the child” standard. This standard is applied to any decision the court makes regarding child custody issues. It doesn’t matter if the court issues the parenting plan or if the parties agree to the parenting plan in mediation. Any plan that the court affirms must promote the best interests of the child. This remains true even when the parents are asking for a modification of a currently existing parenting plan. The parent who is requesting the modification must establish that there has been a substantial change in circumstances and that the modification is in the best interests of the child. There are, however, exceptions to this rule. A recent Florida court case shines a light on these exceptions. In this article, the Tampa, FL divorce lawyers at Faulkner Law Group, PLLC will discuss this court case and how it applies to Florida law on custody modifications.
Background of the case
In the case, the parents entered into a parenting plan that outlined a series of timesharing schedules that would increase the father’s parenting time over the course of three years. The plan included a provision stipulating that the parties would revisit the timesharing schedule with an option to change it without having to file a supplemental petition if they couldn’t agree. If they couldn’t agree, the matter would be decided by the court.
The father petitioned for a modification. The mother attempted to block the modification by arguing that there was no substantial change in circumstances that warranted a modification. The court found in favor of the mother, and the father appealed the decision.
Grounds for modifying a custody order
Was the father required to show a substantial, material, and unanticipated change in circumstances to modify the existing timesharing agreement? That was the question put to the appellate court.
In the original case, the father failed to establish that there was a substantial change in circumstances that is generally necessary to warrant a modification. However, the couple had previously agreed to revisit the timesharing schedule in their agreement. The appellate court ruled that the father did not have to show a substantial change in circumstances if the parents had agreed to revisit the timesharing schedule previously.
In this case, the agreement explicitly stated a date that the timesharing schedule could be reevaluated. This provision allowed either party to seek a modification without demonstrating a substantial change in circumstances. The appellate court ruled that the trial court erred in applying the substantial change in circumstances test. The court reversed the judgment and found in favor of the father.
Talk to a Tampa, FL Child Custody Attorney Today
Faulkner Law Group, PLLC represents the interests of Tampa residents who are filing for divorce. Call our Tampa family lawyers today to schedule an appointment, and we can begin discussing your next steps right away.
