Contested Custody Modifications Require More Than Preference

One of the most contentious issues in Florida family law is custody disputes. Few matters are more emotionally charged than a parent’s relationship with their child. The Florida courts set a very high standard for parents who want to change a custody agreement. They must show that a substantial, material, and unexpected change in circumstances has occurred to warrant the court’s time. In this article, we’ll discuss a real Florida family law case in which custody was contested by a parent, and what happens when they fail to meet the strictures under the Florida statute. 

Background of the case 

In the aforementioned case, the parents had stipulated that the mother would be the primary residential parent of the three minor children. This stipulation was incorporated into a final judgment dissolving the marriage. However, there were some issues that arose regarding the relocation of the family and the living arrangements of the children, which prompted the father to request a modification of custody.

Instead of granting a modification of time-sharing or granting what the father had requested, the trial court granted an order that resulted in the splitting of the custody of the children. Their father got the two boys, while the daughter remained with the mother.

The mother appealed the trial court’s decision, citing that the father had not established the kind of substantial change necessary to warrant a modification. 

The appeal 

On appeal, the Third District Court of Appeal thoroughly reviewed whether the trial court had applied the appropriate legal standard. Florida law requires that there must be more than disagreement between the parents or the changing preferences of the children. There must be competent substantial evidence that there has been a substantial, material, and unforeseen change in circumstances that has a direct impact on the welfare of the children.

Upon review, the court found that there was too much reliance placed upon the preferences of the children, and there was no substantial change in circumstances. The preference of a child is a factor in determining the “best interests of the child.” but it is not sufficient to warrant a child custody modification, especially where it results in the separation of siblings and reconfiguring a parenting plan.

In addition, there was no specific request made regarding a split custody arrangement, nor were there sufficient findings regarding why such a dramatic change was necessary. 

Key takeaways from the case 

This case illustrates the following important factors in contested custody cases: 

• Custody modifications face a high bar – In contested custody cases, it is difficult to modify custody. A significant and unexpected change in circumstances is required to justify a change. 

• Children’s preferences are not controlling – While the wishes of the child are considered, they are not sufficient to justify a change in custody. 

• Sibling relationships matter – The court’s decision to separate the children and their reasons for this decision are critical to a child custody determination.

This case is a reminder that stability and permanence are the foundation of child custody laws in Florida. 

Talk to an Orlando, FL, Child Custody Lawyer Today 

Greater Orlando Family Law represents the interests of parents who need to modify a custody arrangement. Call our Orlando family lawyers today to schedule an appointment, and we can begin discussing your case right away.

Source:

casemine.com/judgement/us/5914bacaadd7b04934793068