Are you seeking a Florida parenting plan modification from the final judgment in your Florida divorce or paternity case? In order to obtain a court-ordered or negotiated modification of timesharing Florida you will need to file a supplemental petition for modification of timesharing. This will allow the court to have jurisdiction to hear your supplemental petition and alert the respondent that you are seeking a change in your Florida parenting plan. Recently, Governor DeSantis signed into law SB 1416 that has materially changed the way Florida family courts approach actions for modification of timesharing. The requirement that there be a substantial, material and unanticipated change in circumstances is now changed to exclude the unanticipated standard. Call Attorney Jacobs at 407-335-8113 today to learn how we can help your family.
One of the best ways to analyze the strength of your modification of timesharing Florida supplemental petition is to look to case law precedent for guidance. There are many cases in which Florida family law courts have both denied Florida parenting plan modification petitions and granted them. Here is a listing of case law holdings regarding modification of timesharing that have been paraphrased to make them more understandable.
Case Law For Supplemental Petition for Modification of Parenting Plan Florida
In Schot v. Schot, 273 So. 3d 48 (Fla. 4th DCA 2019) the Court granted the moving party’s (person asking for the change) supplemental petition because the other parent failed to support the minor child who had a serious medical condition resulting in the child’s detriment.
In the case of Wade v. Hirschman, 872 So. 2d 952 (Fla. 5th DCA 2004) the Court recognized the evidence showed the mother deliberately sabotaged the parenting plan, causing the Court to award majority timesharing to the father.
C.B. v. Dep’t of Children & Families, 879 So. 2d 82 (Fla. 4th DCA 2004) is a truly heart-wrenching case in which there had been a long history of child abuse of three prior children. Consequently, the District Court of Appeals granted the moving party’s Florida Parenting Plan Modification by nullifying the abusive parent’s timesharing.
In Horton v. Horton, 257 So. 3d 1197 (Fla. 1st DCA 2018) the Court ruled on something that would seem like common sense, “If the first round of the parenting plan does not take the best interest of the child into account.” [then a modification of timesharing Florida must be granted]
Fosshage v. Fosshage, 167 So. 3d 525 (Fla. 3rd DCA 2015) is a relocation case in which the father of the child sought to have his child move with him out of state because the mother’s new husband abused their child. The court deemed this vulgar development to be a substantial material and unanticipated change in circumstances and stated the move to Wisconsin with the father was in the child’s best interests.
These cases are just a few examples of Florida parenting plan modification actions and demonstrate some of the conditions/circumstances in which Florida courts will grant a modification of timesharing Florida.
Jonathan Jacobs is a child custody attorney in Central Florida and a relocation attorney Orlando that is ready to help you modify your timesharing with your minor children. Modification of alimony and the modification of child support are challenging cases we litigate for our clients. Call 407-335-8113 and speak with an experienced child custody attorney in Orlando.