Posted by Nydia Streets of Streets Law in Florida Child Custody
Generally, a Florida parenting plan cannot have provisions which provide for automatic modification of a parenting plan in the future. This is because the court cannot assess the future best interest of the child. However, the recent case N.B. v. R.V. 2D22-195 (Fla. 2d DCA January 18, 2023) discusses an exception to this rule.
In what appears to be a paternity case, the court granted a final judgment establishing a parenting plan and permitting the mother to relocate with the parties’ child to Orlando. The parenting plan provided for an automatic change to time-sharing once the parties’ child began kindergarten. The father appealed, arguing this prospective, automatic change in time-sharing was improper under the law.
The appellate court rejected the father’s argument and explained “Although automatic modification of timesharing is improper when based on predetermined but contingent future events, it is not improper when it ‘applies the child's best interests as determined at the time of the final hearing to an event that is reasonably and objectively certain to occur at an identifiable time in the future.’ Rivera v. Purtell, 252 So. 3d 283, 286 (Fla. 5th DCA 2018).”
Not sure how the law will apply to your case? Contact a Miami family law attorney for specific guidance and analysis of your case.