Posted by Nydia Streets of Streets Law in Florida child custody

Can a parent’s improved mental health be a basis for modifying a Florida child custody order? This was at issue in the case Bell v. Bell, 1D19-2784 (Fla. 1st DCA April 23, 2020) in which the former wife appealed an order granting the former husband’s petition for modification.

When the parties originally divorced, their parenting plan provided for time-sharing for the father every other weekend. At some point, additional time-sharing was afforded to the father, but the schedule reverted to the court-ordered schedule, after which the father filed a petition for modification. In his petition, he alleged the substantial change in circumstances was his successful completion of mental health counseling over a two-year period and his taking of medication which improved his mental state. The father admitted at a hearing that it was his anger issues, depression and mood swings which contributed to the parties’ divorce.

After the mother’s motion for summary judgment was denied, the case proceeded to trial. The trial court ultimately granted the petition and reduced the mother’s time-sharing by twenty percent. The court also denied as moot the mother’s motion for enforcement of the father’s payment of child-related expenses after it ran out of time to address the motion at the hearing. The mother appealed.

The appellate court reversed, holding “Here, the court ruled that improvements in the father's mental health after counseling and medication constituted a substantial change in circumstances that allowed for the modification of timesharing. It is true that the evidence showed that the father's mental health had improved substantially since implementation of the original parenting plan. The father said he was a completely different person, and his therapist had no concerns about his behavior. But we have recognized that improved life circumstances do not constitute a substantial change in circumstances sufficient to allow for a modification of timesharing arrangements. In Jannotta, for example, a former wife had overcome alcohol abuse, remarried, and was better able to provide a stable home for her four children than even the former husband. We concluded, however, that this evidence was insufficient to constitute a substantial and material change in circumstances. We reached a similar conclusion in Kilgore v. Kilgore, 729 So. 2d 402, 406 (Fla. 1st DCA 1998), where we cited ‘numerous opinions’ for the proposition that improved life circumstances aren't enough to allow for a custody modification. Accordingly, here, while recognizing the evidence of the father's improved mental health, life circumstances, and prospects for having a stable family life, this evidence isn't sufficient to grant his petition to modify timesharing.”

The appellate court also reversed the trial court’s denial of the mother’s motion for enforcement because it was clear the mother had not abandoned the motion and the court was required to rule on it. Schedule a consultation with a Miami child custody lawyer to understand your rights as you consider a modification action.