Posted by Nydia Streets of Streets Law in Florida Child Custody
In order to modify a Florida parenting plan, a party must show a substantial change in circumstances that was not contemplated at the time of entry of the parenting plan. A court has much less discretion in modifying a parenting plan than it does when initially creating one. The main components of Florida parenting plans are timesharing and parental responsibility. In a case in which the mother sought to remove the father’s ultimate decision-making authority concerning extracurricular activities, the court granted more relief than requested by the mother.
In Russell v. Russell, 240 So.3d 890 (Fla. 1st DCA 2018), the parties previously agreed the father would have ultimate decision-making authority regarding extracurricular activities, and the mother would have ultimate decision-making authority for health care and academic needs. The former wife petitioned to modify this so that she would have ultimate decision-making authority over extracurricular activities as well. The trial court granted the mother’s petition and in addition granted her ultimate decision-making authority over daycare decisions.
The father appealed, arguing the mother did not request the daycare relief in her petition, nor was this issue tried by consent. The appellate court agreed with the father and reversed this part of the final judgment. Additionally, the father argued the trial court erred when it increased his child support obligation without making findings concerning the incomes of the parents. The appellate court reversed the trial court’s order on child support, holding “‘[W]hen determining child support a trial court is required to make findings of fact regarding the incomes of the parties because such findings are required in order to determine whether the support award departs from the [child support] guidelines.’; Aguirre v. Aguirre, 985 So.2d 1203, 1207 (Fla. 4th DCA 2008) ("A final judgment is facially erroneous, requiring remand, where it does not make any findings as to the net income of each party as a starting point for calculating child support or explain how the calculation was performed.").”
It is important to preserve your right to appeal your family law case. Having a lawyer represent you may be the best way to protect your rights. Set a consultation with a Miami child custody lawyer to understand your rights and remedies in your case.