Posted by Nydia Streets of Streets Law in Florida Child Custody
When a parenting plan is modified, there has to be a finding of a substantial, material and unanticipated change in circumstances. A finding must also be made that modification is in the best interest of the children. This was an issue in the case Davis v. Davis, 6D23-458 (Fla. 6th DCA May 19, 2023).
The mother filed a petition for relocation and modification. After a trial, the court entered a supplemental final judgment modifying the parenting plan and granting relocation. The appellate opinion notes “The lower court held an evidentiary hearing on Mother’s supplemental petition to modify final judgment. The court outlined the various witnesses’ testimony, expressly found, ‘there is a substantial change in circumstances,’ then set forth the modification to the prior timesharing schedule. The lower court’s order failed to make any factual findings relative to the statutory factors set forth in section 61.13.” The father appealed.
The appellate court reversed holding “While the court found there was a ‘substantial’ change in circumstances, the court did not set forth a finding that the change in circumstances was ‘material’ or ‘unanticipated.’ Accordingly, we reverse and remand for the trial court to make appropriate findings of fact. [. . .] Upon remand, we leave the decision to the trial court to determine whether the current record is sufficient to resolve these issues or whether additional evidence is needed.”
Schedule your meeting with a Miami family law attorney to decide the next best steps in your case.