Royal Palm Beach Divorce Lawyer Observes Modification of Timesharing Case
This Royal Palm Beach Divorce Lawyer recently reviewed a modification of timesharing (child custody) case out of Florida’s First District Court of Appeal that illustrates how allegations of child abuse can play an integral role in cases involving the modification of custody rights.
In Doran v. Doran, 36 Fla. L. Weekly D44b (Fla. 1st DCA Dec. 29, 2010), the former wife appealed an order granting the former husband timesharing with the parties’ minor child. The former wife argued that the trial court erred by not allowing the presentation of evidence regarding alleged abuse of the child by the former husband (evidence on why modification of the time-sharing schedule was not in the minors child’s best interests).
The Doran court agreed with the former wife that the trial court erred, holding: “A time-sharing schedule may not be modified without showing a “substantial, material, and unanticipated change in the circumstances and a determination that it is in the best interests of the child.” § 61.13(3), Fla. Stat. (2010). Evidence of child abuse is relevant to the best interests determination. § 61.13(3)(m), Fla. Stat. Here, Ms. Doran sought to offer evidence of abuse of the children by Mr. Doran, namely: (1) testimony from Investigator Adkinson regarding the children’s allegation of abuse by their father; (2) two Department of Children and Families investigators regarding the alleged abuse; (3) testimony from the children or an in camera hearing with the children; and (4) Investigator Procino’s report. The trial court did not permit Ms. Doran to present this evidence which clearly would be relevant to a determination whether modification of the time-sharing schedule was in the best interests of the minor children. This was error. Accordingly, we reverse and remand.”
Click Royal Palm Beach Divorce Lawyer Resources to see a copy of the opinion in Doran v. Doran.
This DeFuniak Springs Divorce Lawyer handled the case for the former wife.
The Royal Palm Beach Divorce Lawyers of Nugent & Zborowski practice marital and family law in and around Palm Beach County, Broward County, and Martin County. Our practice is limited to representing clients in divorce and family law related matters, such as modification of child support, modification of child custody, relative custody and guardianship cases.
For more information, or to schedule a consultation, call 561.844.1200, click Royal Palm Beach Divorce lawyer, or visit the firm’s website, www.nugentlawfirm.com.
Filed Under Modification of Custody, Royal Palm Beach Divorce Attorneys, Royal Palm Beach Divorce Lawyer