Fort Lauderdale Divorce Lawyer Blog
When determining parental rights in Florida custody cases, the court’s sole focus is what is in the child’s best interest. The Florida courts recognize, though, that circumstances can change, and if they do, it may also alter what is considered to be in a child’s best interest. In a recent Florida custody action, the court discussed evidence that warrants a modification of a parenting plan, ultimately determining that such a change was necessary. If you need assistance protecting your rights in a custody action, it is prudent to speak with a Miami child custody lawyer.
Facts and Procedure of the Case
It is alleged that the husband and wife were married and had children during their marriage. The marriage between the parties was dissolved in 2014, and the final judgment granted primary timesharing to the wife, with the stipulation that the husband’s visitation be supervised because of his abuse of alcohol and unpredictable behavior. The judgment allowed the wife to request breathalyzer tests during the husband’s parenting time and designated five acceptable individuals to supervise the visitation.
Reportedly, in 2022, the husband filed a supplemental petition to modify the parenting plan. In it, he sought equal unsupervised timesharing and a corresponding adjustment in child support. He claimed a substantial and material change in circumstances, citing his recovery from alcohol abuse, diagnosis of bipolar disorder, and the stabilization of his condition through prescribed medication. He further noted that he had never tested positive for alcohol during his supervised visits and that the children, now aged 12 and 9, no longer required supervised timesharing. The wife moved to dismiss the petition, and the trial court granted her motion. The husband appealed.
Evidence that Warrants a Modification of a Parenting Plan
On appeal, the court focused on whether the amended petition sufficiently alleged a substantial and material change in circumstances. According to Florida law, a parenting plan cannot be modified without demonstrating such a change and that the modification serves the best interests of the child. The court emphasized that family law cases require equitable principles and that the child’s best interests should be the primary consideration.
The court noted that, while previous cases had found that improved life circumstances alone were insufficient to warrant modification, these decisions followed evidentiary hearings. In this instance, the circuit court dismissed the petition without a hearing solely based on the conclusion that the alleged changes could never meet the legal standard.
The court disagreed, stating that the husband’s claims of overcoming alcohol abuse through mental health treatment, his clean record during supervised visits, and the children’s increased maturity and ability to express preferences warranted an evidentiary hearing. The court highlighted that each case must be evaluated on its specific facts and that improvements in the husband’s life, coupled with other relevant changes, could constitute a substantial and material change.
Based on the foregoing, the court reversed the circuit court’s dismissal and remanded the case for an evidentiary hearing to fully consider all facts and circumstances, ensuring a fair assessment in the best interests of the children.
Talk to a Capable Miami Attorney
The Florida court’s paramount concern in any child custody action is what is in the child’s best interest, and if a change in circumstances warrants a change in a custody plan that will benefit a child, the court is likely to grant a request for a modification. If you have questions about what steps you can take to protect your parental rights, it is smart to talk to an attorney. The capable Miami child custody lawyers at the Law Offices of Sandy T. Fox, P.A. can evaluate your case and aid you in pursuing the best outcome possible. You can reach us at 800-596-0579 or by using the online form to arrange a meeting.