Florida Court Addresses Contested Custody Case

Contested child custody disputes often arise when one parent seeks to modify an existing parenting agreement after a change in circumstances. Florida law imposes a high burden on the parent seeking modification, reflecting the courts’ preference for stability in a child’s life. In this article, the Orlando child custody attorneys at Greater Orlando Family Law will discuss a real case involving contested custody. This is a frequently cited case and is important to Florida law. 

Background of the case 

The parties in this case were divorced parents of three minor children. In the final judgment of dissolution, the mother was designated the primary residential parent. The parties also entered into a written agreement, which was approved by the court, allowing the mother to relocate with the children out of state.

After the relocation occurred, the father filed a petition seeking to modify custody. He argued that circumstances had changed since the entry of the final judgment and that it would be in the children’s best interests for primary residential custody to be transferred to him. Among other things, the father relied on the children’s stated preferences and his belief that remaining in Florida would offer better opportunities and stability.

The trial court partially granted the father’s request. It modified custody as to two of the three children, designating the father the primary residential parent for those children, while leaving the original arrangement intact for the third child. The mother, unhappy, appealed the modification. 

The appeal 

The Third District Court of Appeal emphasized the legal standard that is applicable when modifying custody in Florida. The court held that the legal standard for modifying the child custody order is that the parent seeking to modify the order must prove that a “substantial change in circumstances” has occurred, and this change was unanticipated. In addition, the court must determine whether the change is in the best interests of the child.

In this case, the Third District Court of Appeal held that the evidence did not meet the legal standard for modifying the custody order. Although the father expressed some concerns regarding the relocation and the wishes of the children, the evidence did not show that the children were being harmed or that the present order had become detrimental to the welfare of the children. The court held that parental disagreements or offering the child a “better life” are not sufficient to modify an order.

Thus, the court reversed the modification with regard to the two children and held that the mother would remain the primary residential parent. The rest of the order was not disturbed. 

Talk to an Orlando, FL, Child Custody Lawyer Today 

Greater Orlando Family Law represents the interests of parents who want to revise a custody order. Call our Orlando family lawyers today to schedule an appointment, and we can begin discussing your next steps right away.