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.
Third DCA Holds 81 Year Old Could not Automatically Terminate Alimony Payments, Despite Fact that his Retirement was “Reasonable”
The marital and family law attorneys of Nugent & Zborowski practice all areas of divorce and family law in West Palm Beach, Florida, and also handle divorce, paternity and modification of alimony and child support cases in West Palm Beach and the greater Palm Beach County, Martin County and Broward County area, including divorce, paternity and support cases in the vicinity of Palm Beach, North Palm Beach, Palm Beach Gardens, Royal Palm Beach and Jupiter.
The West Palm Beach divorce and family law attorneys of Nugent & Zborowski recently observed the August 18, 2010 opinion of Florida’s Third District Court of Appeals in the Case of Suarez v. Suarez, 35 Fla. L. Weekly D1879a (Fla. 3rd DCA, Aug. 18, 2010). In Suarez, the parties previously reached an agreement where the Former Husband was to pay Former Wife permanent periodic alimony in the amount of $1500/ month. In 2007, the Former Husband filed a Motion to Modify/Terminate alimony before retiring (Former Husband retired after moving to Modify/Terminate alimony).
The Suarez Court applied Pimm v. Pimm, 601 So. 2d 532 (Fla. 1992) to determine that Former Husband’s decision to retire was reasonable. Nonetheless, the Court found that the trial court erred by terminating Former Husband’s alimony obligation because Former Wife had the need for support and Former Husband still had the ability to pay some support. The Suarez Court remanded the case to the trial court for a determination of the parties incomes and consideration of the alimony issue.
For more information, call 561.844.1200 and speak to an attorney with the Law Offices of Nugent & Zborowski about how Florida’s standards relating to modification of alimony and child support apply to your situation.
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, Royal Palm Beach and Jupiter. For more information call (561) 844-1200 or visit the firm’s website, www.nugentlawfirm.com.
Fifth DCA Clarifies Standard for Modifying Custody/Timesharing Provisions
The marital and family law attorneys of Nugent & Zborowski practice all areas of divorce and family law in West Palm Beach, Florida, and also handle divorce, paternity and modification of alimony and child support cases in West Palm Beach and the greater Palm Beach County, Martin County and Broward County area, including divorce, paternity and support cases in the vicinity of Palm Beach, North Palm Beach, Palm Beach Gardens, Royal Palm Beach and Jupiter.
The West Palm Beach divorce and family law attorneys of Nugent & Zborowski recently applied the holding in Mesibov v. Mesibov, 16 So. 3d 890 (Fla. 5th DCA 2009) to successfully defeat an action seeking sole parental responsibility (sole custody) of a client’s minor child. In Mesibov, the former husband moved for a modification of custody. The trial court granted the modification based on evidence that “the father was more likely to ensure the child was engaged in productive, normal, and healthy extracurricular activities, and… would benefit from a greater male influence in his life… and [the child] had ‘unmanlike toilet behavior.’”
On appeal, the Mesibov court reversed, finding that the former husband failed to satisfy the extraordinary burden of showing a substantial and material change in circumstances. The Mesibov court held that: “[T]he allegations and evidence are insufficient as a matter of law to satisfy the substantial change test. The child simply did not conform to either the father’s or trial court’s perception of manliness. To the contrary, the evidence showed the child was well-behaved, an excellent student, involved in church activities outside school, and maintained an excellent relationship with his father. While the father criticized the mother, in part, for her singular interest in children and church, her lifestyle does not demonstrate a substantial and material change to justify a custody modification… [t]he preliminary question of a substantial change is a prerequisite to considering the best interests of the child under section 61.13(2)(d).”
For more information, call 561.844.1200 and speak to an attorney with the Law Offices of Nugent & Zborowski about how Florida’s standards relating to modification of custody, timesharing and parental responsibility apply to your situation.
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, Royal Palm Beach and Jupiter. For more information call (561) 844-1200 or visit the firm’s website, www.nugentlawfirm.com.