Can You Modify A Custody Agreement In Florida?

Yes, it is possible to revisit a custody agreement once one has been agreed upon in your final dissolution of marriage. However, you must be able to prove two things for the modification to be successful. The court will expect you to prove that:

• That a substantial, material, and unanticipated change in circumstances occurred, and
• The modification is in the child’s best interests.

The Florida Supreme Court clarified this standard in the 2005 case of Wade v. Hirschman, 903 So. 2d 928 (Fla. 2005). In this article, the Orlando, FL, family law attorneys at Greater Orlando Family Law will discuss the case and why it’s important for custody modifications.

Background of the case 

Wade v. Hirchman is an important Florida Supreme Court Case that clarified the standard for modifying a child custody agreement (now referred to as “parental responsibility” and “timesharing”). In this case, the dispute arose from a contested custody arrangement in which the parents had initially agreed to a rotating custody schedule. Later, one of the parents sought to modify the arrangement, claiming that a “substantial” change had occurred.

In this case, the mother and father had a child together but were never married. A paternity judgment established rotating custody, giving both parents a significant amount of time with the child. As the child grew older, disputes arose over stability and scheduling, prompting a battle in court. The mother sought to modify the custody agreement, arguing that rotating custody was no longer in the child’s best interests.

The mother petitioned the trial court to modify custody. She argued that the rotating custody schedule was harmful and not in the child’s best interests. The trial court subsequently agreed with the mother. It terminated the rotating custody agreement and awarded the mother primary residential custody of the child. The father was granted visitation, but no longer had equal custody of the child.

The father appealed the decision. The issue then became: What is the proper legal standard for modifying a custody/time-sharing arrangement in Florida once a final judgment has been entered?

The appeal 

The case made it all the way to the Florida Supreme Court. The Supreme Court held that any modification of custody/time-sharing after a final judgment requires:

• A substantial, material, and unanticipated change in circumstances, and
• Proof that the modification is in the best interests of the child.

This two-factor test applies broadly, even when the initial judgment includes rotating custody or other nontraditional arrangements.

The Court emphasized the importance of stability and continuity in the child’s life. Allowing modifications without the substantial-change requirement would invite continuous litigation, undermining finality. The Court aligned with long-standing precedent, reaffirming that the child’s best interests must be balanced with the need for consistent custodial arrangements.

Talk to an Orland, FL, Child Custody Attorney Today 

Need to revisit a child custody agreement? Call the Orlando family law attorneys at Greater Orlando Family Law today to schedule an appointment and learn more about how we can help.

Source:

caselaw.findlaw.com/court/fl-supreme-court/1015584.html