Posted by Nydia Streets of Streets Law in Florida Child Custody
A parent’s abuse of alcohol and/or drugs can be taken into account in a Florida child custody case. If a court awards time-sharing to one parent over the other based on the other parent’s substance abuse issues, can the other parent petition to modify time-sharing if he or she achieves sobriety? This was an issue in the case Daniello v. Settle, 4D20-2732 (Fla. 4th DCA March 2, 2022).
In this paternity case, an agreed final judgment was entered presumably granting the father majority time-sharing. Less than twelve months later, the mother petitioned to modify the parenting plan, alleging that she had been sober since two weeks after the original judgment was entered. The trial court granted the mother’s petition and modified time-sharing. The father appealed.
The appellate court agreed with the father and reversed the judgment. It noted “The Father argues the court erred when it found the Mother’s life improvement qualified as a substantial change in circumstances. Case law supports his argument. See, e.g., Jannotta v. Hess, 959 So. 2d 373, 374 (Fla. 1st DCA 2007) (‘[T]here was evidence that the former wife had overcome an alcohol abuse problem which had alienated her from the children; had remarried, improving her life financially and otherwise; and was somewhat better able than the former husband to provide a stable home for the children. However, we have repeatedly held that such evidence is insufficient to constitute a substantial and material change in circumstances justifying a change in custody.’).”
The appellate court concluded “The agreed final judgment was signed on December 19, 2017. The Mother moved to modify it less than twelve months later. At the hearing on her motion, she testified that she has been sober since January 1, 2018. Her sobriety two weeks after the entry of the agreed final judgment is not a substantial change not reasonably contemplated at the time of the original judgment. Jannotta, 959 So. 2d at 374; see also Bell v. Bell, 295 So. 3d 336, 338 (Fla. 1st DCA 2020) (‘[W]e have recognized that improved life circumstances do not constitute a substantial change in circumstances sufficient to allow for a modification of timesharing arrangements.’).
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