Posted by Nydia Streets of Streets Law in Florida Child Custody

Incidents of domestic violence in the presence of a child can lead to modification of a Florida parenting plan. In Meyers v. Meyers, 2D18-4931 (Fla. 2d DCA March 6, 2020), the former wife filed a petition for modification, alleging there was domestic violence between the former husband and his current wife in the presence of the parties’ child.

In 2014, a final judgment was entered which granted the parties equal timesharing with their son. Approximately three years later, the former wife filed a petition for modification requesting a change in timesharing based on alleged domestic violence between the former husband and his current wife which was witnessed by the child. There was one incident in which the current wife threw an object at the former husband in front of the child, and this required the former husband to seek medical attention. The former husband and the current wife corroborated the events recalled by the child as to that incident. The former wife also alleged another domestic violence incident between the former husband and his current wife which was not witnessed by the child. Based on this, the court awarded the former wife majority timesharing and granted the former wife sole decision making as to educational decisions. The court found the former husband seemed to lack awareness of the gravity of the domestic violence in his relationship and that this was not in the best interest of the parties’ child. The former husband appealed.

On the issue of modification of timesharing, the appellate court upheld the lower court’s ruling. After reviewing some discrepancies in the trial court’s findings and the evidence submitted at trial, the appellate court nonetheless ruled “While we agree the record does not support the trial court's findings that either of the incidents were fueled by alcohol or that [the parties’ child] hid in the closet and called 911 after the Valentine's Day Incident, the Former Husband and [the current wife’s] testimony together provide ample support for the trial court's determination that the Former Husband exposed [the child] to domestic violence on the night of the Valentine's Day Incident and then tried to conceal the incident from the Former Wife by telling [the child] to keep the matter secret. Therefore, we find that there was a substantial change in circumstances justifying modification of the parties' timesharing.”

Regarding modification of parental responsibility, the appellate court agreed with the former husband that there was no evidence to support this change. The court held “The instant final judgment contains no factual findings whatsoever as to any conflict between the parties regarding [the child’s] education. We are unable to find any logic or justification from review of the final hearing transcript or the record to support the result reached here by the trial court in awarding sole parental responsibility, much less ultimate responsibility.”

Domestic violence in a home can negatively impact a child, and therefore can serve as a basis to modify a parenting plan in Florida. If you are considering seeking a modification of your family law final judgment, contact a Miami child custody lawyer to go over your options.