Contested Child Custody Modifications in Florida

Child custody cases are some of the toughest and emotionally charged cases that Florida family courts have to decide. In situations where parents cannot reach an agreement regarding a parenting plan or timesharing, it is up to the court to decide what is best for the child. However, even after a custody decision is made, there is a possibility that the case is not closed. This is particularly true if there is a significant change in circumstances, and especially when one parent wants to relocate. In this article, the Clearwater, FL, child custody attorneys at Cairns Law, P.A., will discuss a case involving a contested custody decision. This case is important because it explains why the standard for changing a custody agreement is so stringent.

Background of the case

In the aforementioned case, there was already an existing custody arrangement in place. The mother was the primary residential parent under the previous order. However, over time, the father sought to modify the arrangement and become the primary residential parent of the children. As is typical in contested custody cases, the father claimed there had been changes since the initial order was made and that the order should be modified to protect the best interests of the children.

Modification cases involving custody are different from initial custody cases. In initial cases, the court is establishing the timesharing agreement for the first time. However, in modification cases, the Florida court is very careful since stability is good for the children. This means that the party seeking the modification must prove more than just dissatisfaction with the current arrangement. They must prove that a significant change occurred that impacts the welfare of the child.

In this case, the trial court ultimately decided in favor of the father, approving his custody agreement.

The appeal 

On appeal, the Third District Court of Appeal emphasized whether or not the father met the standard of law required to modify a pre-existing custody arrangement. Under Florida law, a parent must prove that there has been a substantial, material, and unanticipated change in circumstances, and that changing the custody arrangement is in the best interests of the children.

This standard is in place to ensure that custody disputes do not become an ongoing process of re-litigating the same issues over and over, merely because one party disagrees with the outcome.

In reviewing this decision, the appellate court considered whether or not there was competent and substantial evidence to support the trial court’s decision to modify the custody arrangement and whether or not the trial court properly applied the law in reaching its decision.

As is often the case in contested custody cases, there were also questions of procedure that were raised in the opinion, such as what to do when there is an emergency and what the role of a guardian ad litem is.

In the aforementioned case, it was made clear that the trial judges have a great deal of discretion when it comes to making modification decisions, as long as the law is properly applied.

Talk to a Clearwater, FL, Child Custody Lawyer Today

Cairns Law, P.A., represents the interests of Clearwater residents who need to modify a custody agreement. Call our Clearwater child custody lawyers today to schedule an appointment, and we can begin discussing your next steps right away.

Source:

law.justia.com/cases/florida/third-district-court-of-appeal/2019/3d18-0322.html