The Florida courts typically take great care when developing parenting plans to ensure that any division of custody or timesharing rights is in the best interest of the subject children. As such, if a party wants to alter a parenting plan ordered by a court, they generally must demonstrate that a substantial and continuing change in circumstances has occurred. Recently, a Florida court examined what constitutes a sufficient change in circumstances to warrant a modification in a custody case. If you share custody of your child, and you or your co-parent want to alter the parenting plan, it is wise to consult a Miami child custody attorney to determine your options.
History of the Case
Allegedly, the parties married in 1995. They had two children before the wife filed a petition for dissolution in 2011. The court first conducted a trial on timesharing and parenting issues and then conducted a trial on remaining matters. During the first trial, the wife offered evidence that the husband was diagnosed as a pedophile. Accordingly, she sought sole parental responsibility and asked that the husband have supervised timesharing.
Reportedly, the husband admitted he was attracted to underage boys but opposed the motion’s parenting plan. Based on the admission and other evidence presented in the case, the court found that it was in the children’s best interest to create a timesharing plan that increased the father’s rights upon completion of certain tasks. The court also created other measures for the safety of the children, including the requirement that the father attend therapy. Continue reading ›