Posted by Nydia Streets of Streets Law in Florida Child Custody

Is a child repeating a school grade enough to warrant modification of timesharing? This issue was considered in the case Light v. Kirkland, 1D19-2012 (Fla. 1st DCA January 21, 2020) in which the trial court considered the acrimonious relationship between the parents and tied this to the child’s poor performance in school.

In the parties’ final judgment of dissolution of marriage, it was ordered that the mother would have primary residential timesharing with the child. The father was awarded three weekends per month. Subsequently, the father moved to modify the timesharing, citing a substantial change in circumstances that was not contemplated at the time the final judgment was entered. After a hearing, the father’s petition was granted, and it was ordered that the child would spend the school week with the father, necessitating a change in the child’s school enrollment. The ruling was based on the court’s finding that the child repeated the previous school year and the parents were unable to co-parent effectively. The mother appealed.

Reviewing the trial court’s order for an abuse of discretion, the appellate court found it was improper to order modification based on the parents’ failure to get along. The court held “   A review of the record indicates that the trial court connected, to some degree, the parents' acrimonious relationship with the child's poor performance in school. Because the child's school performance was tied to the impermissible modification ground of poor co-parenting, we remand the cause to the trial court for clarification as to whether the child's school performance during a prior school year alone was a sufficient basis to find a substantial, material, and unanticipated change in circumstances since the entry of the final judgment.”

When parents cannot co-parent, a child often suffers the consequences. This is why it is important to address co-parenting issues early and often. If you need assistance with enforcing your Florida parenting plan, schedule a consultation with a Miami child custody lawyer.