Generally, when a couple with children divorces, the courts will find it is in the best interest of the children for both parents to have custody rights. Typically, the courts will issue an order setting forth a parenting plan establishing when each party has physical custody of the children. The plans generally may be modified, but only if the party requesting a change demonstrates that it is warranted and that it is in the best interests of the children, as discussed in a recent Florida ruling. If you need assistance protecting your parental rights, it is prudent to speak to a Florida child custody lawyer to discuss your options.
Procedural History of the Case
It is reported that the husband and wife divorced in 2016. They had two minor children, and the divorce decree set forth a parenting plan that granted the wife the majority of time-sharing rights and granted the husband time-sharing on alternating weekends and Wednesday nights and set forth a standard holiday and summer schedule. The husband filed a motion asking the court to hold the wife in contempt and for the appointment of a parenting coordinator.
It is alleged that in support of his motion, he argued that his schedule as an emergency room surgeon made it difficult to adhere to the schedule, and the wife was unwilling to compromise. The court held a hearing and then ruled that the husband should be allowed to change one of his weekends each month as long as he gave the wife advance notice. The wife appealed. Continue reading ›