Contested Child Custody in Florida: What Case Law Teaches Us About Modifying Parenting Plans

Child custody is one of the most contentious issues in Florida family law. When parents are not able to agree on a parenting plan or timesharing schedule, the court is required to make a determination as to what arrangement would be in the best interests of the child. Once a custody determination is made, however, changing the order is not easy. Florida law provides that in order to change a child custody determination, a parent must show a substantial change in circumstances and prove that the change is in the best interests of the child. In this article, we’ll discuss a contested custody case in which one parent appealed the decision of the trial court because they were unhappy with its ruling.

Background of the case

In the aforementioned case, the parents were engaged in a continuing dispute over timesharing and parental responsibility for their child. Like many custody cases in Florida, the parties initially had a parenting plan in place that controlled how much time the child was to spend with each parent and how decisions were to be made for the child.

​At some point after the first parenting plan was entered, one of the parents wanted to make a change to the custody arrangement. The parent seeking a modification asserted that a change was needed due to a change in circumstances since the entry of the first order and that a different timesharing arrangement was more appropriate for the child.

​The trial court heard evidence and testimony regarding the current circumstances of the parents and the child. After considering the evidence and testimony, the court entered a ruling granting the modification of the current timesharing arrangement.

The opposing parent was dissatisfied with the ruling and argued that the modification was unwarranted. They argued that there was a lack of evidence of a change in circumstances sufficient to warrant a modification of the timesharing schedule and that the change disturbed the child’s stability.

The appeal

The case was appealed to the First District Court of Appeal. The appellate court reviewed the issue of whether the trial court had applied the correct legal standard in modifying the agreement.

The legal standard for modifying a parenting plan requires the following:

• A substantial, material, and unanticipated change in circumstances, and
• That the modification will be in the best interest of the child.

These strictures are designed to protect the child from unnecessary disruption to their living situation. The legal standard also recognizes the importance of stability and continuity amid custody cases.

The appellate court reviewed the record to determine if the trial court’s ruling was supported by competent, substantial evidence. Based on the facts, the appellate court found that the trial court had not met the standard employed in child custody cases. In other words, there was no finding that a substantial change had occurred, and thus, the trial court’s ruling was overturned.

Talk to a St. Petersburg, FL, Child Custody Lawyer Today 

The Law Office of Kevin F. Coleman represents the interests of St. Petersburg parents during custody hearings. Call our St. Petersburg family lawyers today to schedule an appointment, and we can begin discussing your next steps right away.