Posted by Nydia Streets of Streets Law in Florida Child Child Custody
What constitutes a substantial change in circumstances that warrants modification of a Florida parenting plan? It may be easier to say what does not constitute a substantial change. Florida law places a high burden on a parent seeking to modify a parenting plan - a court has much less discretion in modifying a parenting plan than it does in initially creating it. In the case Villalba v. Villalba, 4D20-1474 (Fla. 4th DCA April 28, 2021), the court considered the issue of a parent’s improved living conditions as a basis to modify time-sharing.
At the time the parties’ original parenting plan was entered, the father was living with his parents and did not have a separate bedroom for the children. Therefore, he accepted a time-sharing plan in which he was granted 20% overnights per year with the children. Subsequently, after moving from his parents’ home, the father petitioned to modify the time-sharing to grant him equal visitation, alleging he now had improved living arrangements which included an extra bedroom for the children. The mother filed a motion to dismiss, alleging the father had not stated a substantial change in circumstances which would warrant modification. The trial court agreed with mother and dismissed the petition.
The appellate court noted the standard of review for dismissal of a petition for modification is de novo. In upholding the trial court’s ruling, the appellate court held “Florida courts have repeatedly held that a parent’s mere move or life improvement to an environment more conducive to children is not a substantial, material, and unanticipated change in circumstances to justify modification of timesharing. See, e.g., Bryan v. Wheels, 295 So. 3d 889, 891 (Fla. 1st DCA 2020) (‘Florida law doesn’t consider such a move [into the children’s state]—by itself and without any showing of how that move impedes the present timesharing plan—to necessarily constitute a substantial and material change in circumstances.’); Reed, 182 So. 3d at 841 (‘The fact that the father now has a relatively stable home environment is, in and of itself, inadequate to constitute a substantial change in circumstances.’); Bartolotta v. Bartolotta, 687 So. 2d 1385, 1387 (Fla. 4th DCA 1997) (‘[T]he relative stability of a parent’s home environment is itself inadequate to constitute a substantial and material change.’).”
The court further noted: “Additionally, nothing in the marital settlement agreement supports a conclusion that an additional available bedroom in the former husband’s residence is a substantial and unanticipated change of circumstances.” If you need help with a petition to modify a Florida parenting plan, schedule a consultation with a Miami child custody lawyer for assistance.