Fort Lauderdale Divorce Lawyer Blog
Parenting plans and timesharing arrangements can be modified when circumstances change, but challenging a signed settlement agreement requires clear evidence of unfairness or improper conduct. In a recent Florida case, the court affirmed the trial court’s denial of a request to set aside a parenting-related settlement agreement, emphasizing the high bar for undoing such agreements and the deference given to trial court discretion in matters involving child custody. If you are involved in a custody dispute and have questions about how you can protect your parental rights, it is prudent to speak to a Miami child custody attorney as soon as possible.
History of the Case
It is alleged that the mother and father entered into a settlement agreement regarding parenting issues, including timesharing and school designation, as part of their divorce proceedings. Reportedly, the father later sought to set aside or modify the agreement, claiming that the terms were unfair or no longer served the best interests of the child.
It is alleged that the trial court reviewed the motion and determined that no sufficient basis existed to set aside the agreement. The trial court also declined to modify the parenting plan or change the designated school, finding that the agreement remained in the child’s best interests. The father challenged the trial court’s rulings and requested a new determination based on the alleged inequity of the original agreement and the trial court’s refusal to change the parenting plan.
Grounds for Setting Aside a Parenting Agreement
On review, the court affirmed the trial court ruling. In doing so, it stated that requests to set aside a parenting settlement agreement are reviewed under an abuse of discretion standard. It also reiterated that settlement agreements between parties in family law cases are presumed valid and enforceable. A party’s dissatisfaction with the terms of an agreement is not sufficient to set it aside.
The court noted that only under limited circumstances, such as fraud, duress, or a substantial and unanticipated change in circumstances affecting the child’s welfare, may a parenting plan be modified. Even in such cases, the modification must serve the child’s best interests.
In affirming the trial court’s decision, the court emphasized that decisions regarding parenting plans and timesharing are within the sound discretion of the trial judge and will not be disturbed absent a clear showing of error. Here, the father had not provided sufficient evidence to justify invalidating the agreement or altering the existing plan.
Consult a Skilled Miami Child Custody Attorney
Child custody disputes can be emotionally and legally complex. If you are seeking to modify an existing parenting agreement, it is important to understand the legal standards that apply and what evidence is needed to support your request. The skilled Miami child custody attorneys at the Law Offices of Sandy T. Fox, P.A. have ample experience navigating challenging family law matters, and if you hire us, we can assess your situation and advise you on the best course of action. Contact us at 800-596-0579 or reach out through our online form to schedule a confidential consultation.