Posted by Nydia Streets of Streets Law in Florida Child Custody

Modification of a parenting plan, including parental responsibility, requires a showing of a substantial change in circumstances that was not contemplated at the time of entry of the current parenting plan. In Ezra v. Ezra, 3D19-0704 (Fla. 3d DCA February 5, 2020), the court considered an appeal centered around a lower court’s modification of the parenting plan to grant the former wife sole parental responsibility regarding educational and medical decisions.

The parties divorced in 2011. Since that time, the parties were involved in protracted post-judgment litigation. Over the years, the former husband’s financial status reportedly deteriorated. The parties’ children had historically been enrolled in private school. Because of the change in financial circumstances, the parties were unable to afford the tuition. The former wife therefore sought scholarships for the children to keep them enrolled in the school. The former husband allegedly refused to cooperate in signing the necessary documents for this financial aid and otherwise impeded the process. The trial court also found the former husband unilaterally decreased medication prescribed to the parties’ oldest child for a significant medical condition, on top of initially impeding professional intervention for the child.

After a hearing, the trial court granted the former wife’s request for sole parental responsibility over educational and medical decisions. The former husband appealed. The appellate court denied the appeal, holding “Here, the record unequivocally establishes, in its totality, that subsequent to the ratification of the settlement agreement, the father has both passively and overtly hindered the mother's arduous attempts to foster the happiness, mental health, academic prowess, and overall stability of the children. Further, despite neglecting his financial responsibilities and stipulating to religious day school enrollment, the father repeatedly impeded the registration process and actively sought to undermine efforts to procure financial aid. Finally, without consulting with a medical professional, the father has, on occasion, reduced his child's prescription drug dosage. We agree with the assessment by the trial court that the risk of destabilization associated with this enduring course of behavior is readily apparent. Consequently, the decision to afford the mother sole parental responsibility for the educational and medical needs of the children is well-supported by competent, substantial evidence, thus cannot be deemed ‘arbitrary, fanciful, or unreasonable.’”

Modification of parental responsibility in Florida is not easily granted. However, there are certain situations in which it may be in the best interest of a child for one parent to have sole decision-making authority. Schedule a consultation with a Miami child custody lawyer to determine the best way to proceed in your case.