Posted by Nydia Streets of Streets Law in Florida Child Custody
A substantial, unanticipated change in circumstances must be found before a court can modify a Florida parenting plan. A court has less discretion in modifying a parenting plan than it does in initially creating one. This was an issue in the case Idelson v. Carmer, 2D20-1221 (Fla. 2d DCA April 30, 2021).
The parties had what the court noted was an acrimonious relationship. The father filed a petition to modify the parties’ parenting plan, and the trial court granted the petition. The trial court reportedly determined it did not need to decide that a substantial change in circumstances had occurred. The mother appealed.
The appellate court noted that while final judgments incorporating parenting plans can alter the standard for modification, the final judgment in this case did not do so. The court found that the trial court’s alternate finding that the passing of two years and the animosity between the parties was a substantial change, was not sufficient. The court instructed the trial court “On remand, the court shall enter a new judgment in accordance with this opinion either based upon the evidence previously presented, or after taking additional evidence should the court deem it appropriate.”
If you need help modifying your parenting plan, or you want to understand if your circumstances warrant modification, schedule a consultation with a Miami child custody lawyer.