Florida Appeals Court Shows How Hard it can be to Modify a Timesharing (Visitation) Schedule
The West Palm Beach divorce lawyers of Nugent & Zborowski limit their practice to divorce and family law matters in and around the West Palm Beach, Florida area. The firm consults with clients who need a Boca Raton divorce lawyer; a Delray Beach divorce lawyer ; a Boynton Beach divorce lawyer; a Lake Worth divorce lawyer ; a Jupiter divorce lawyer; a Palm Beach Gardens divorce lawyer; a Wellington divorce lawyer; a Royal Palm Beach divorce lawyer; or a Stuart divorce lawyer.
The firm’s West Palm Beach divorce attorneys recently observed the decision of Florida’s First District Court of Appeal in Sidman v. Marino, 35 Fla. L. Weekly D2431a (Fla. 1st DCA Oct. 29, 2010). The Sidman court’s decision addressed the high burden involved with modifying a timesharing (visitation) schedule.
It is well established in Florida that, in order to change a visitation schedule, the moving party must establish that: (1) there was a substantial, involuntary, material and permanent change in circumstances that was not anticipated by either party at the time of the final judgment; and (2) changing the timesharing schedule is in the best interest of the child(ren). Click here to read more about a case stating the standard for modifying timesharing/visitation.
In Sidman, the trial court changed a previously enacted custody order because it found that it would be in the child’s best interest to increase the father’s time with the child. The Sidman court found that the trial court abused its discretion by modifying visitation without competent, substantial evidence of a substantial change in circumstances.
The Sidman court stated “although the evidence may have shown that increasing the father’s time with the child is in the child’s best interest, there was no evidence of an unanticipated and substantial change in circumstances. The father had merely begun exercising the full visitation rights allowed in the consent decree, and an additional weekly overnight that the mother had agreed to informally. As we have said regarding modification of custody arrangements, allowing an agreement between the parents to provide a basis for modification would discourage parents from making informal, joint decisions for the benefit of their children.”
Thus, the Sidman court reaffirmed the longstanding notion that a substantial change in circumstances must occur to justify a change in custody and it is not enough that the child would benefit from having more time with a parent. Click here to view the Sidman opinion.
It is important to consult with an experienced divorce lawyer to evaluate whether you or your former spouse may be entitled to an order modifying timesharing/visitation with your child(ren)to your case. For more information, call 561.844.1200 or click here and speak to an attorney with the Law Offices of Nugent & Zborowski about your modification case.
The attorneys of Nugent & Zborowski exclusively handle Divorce & Family Law matters in and around West Palm Beach and Palm Beach County, Florida, and also handle divorce, paternity and modification of alimony and child support cases in the vicinity of Palm Beach, North Palm Beach, Palm Beach Gardens, Lake Worth, Stuart, Royal Palm Beach and Jupiter. For more information or to schedule a consultation call (561) 844-1200 or visit the firm’s website, www.nugentlawfirm.com.
Filed Under Modification, PaternityComments
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