When a couple with minor children divorces, the courts will usually issue a final judgment of dissolution of marriage that includes a parenting plan and timesharing schedule setting forth their custody rights. As situations can change after such judgments are issued, the parties can seek modifications of timesharing when the need arises. Merely because a party seeks a modification does not mean that it will be granted, however, or that the court will amend timesharing rights as requested. This was demonstrated in a recent Florida case in which the court adopted the mother’s proposed timesharing schedule following the father’s motion for a modification. If you have questions regarding how you can protect your timesharing rights, it is wise to talk to a Miami child custody attorney.
History of the Case
It is reported that the parties divorced in 2018. The Final Judgment of Dissolution included a timesharing schedule and parenting plan. In 2020, the father filed a motion for a modification of the timesharing schedule due to a change in his work schedule. He submitted a proposed schedule along with his motion.
Allegedly, the wife submitted a proposed timesharing schedule in response to the husband’s motion, arguing that the husband’s proposed schedule did not comply with the terms of the parenting plan. The court granted the husband’s motion but adopted the wife’s proposed timesharing schedule. The husband appealed.
Grounds for Modifying Time-Sharing Rights
On appeal, the husband argued that the trial court did not have jurisdiction to adopt the mother’s timesharing schedule because she did not move to modify timesharing. The court disagreed, stating that the trial court was not obligated to adopt the husband’s proposed schedule merely because he was the party that filed the motion for modification.
The court explained that typically, both parties must have notice and a chance to be heard before any modification is granted. In the subject case, the court noted that the parties each filed their respective proposed schedules, and the hearing on the modification issue was conducted over the course of two days, during which they both testified. As such, both parties had adequate notice and an opportunity to voice their positions prior to the entry of the order granting the modification. As such, the court affirmed the trial court ruling.
Confer with a Seasoned Miami Attorney
While the courts create parenting plans and timesharing schedules with great care, what was once appropriate may need to be modified due to a change in circumstances. If you are dealing with a child custody issue, it is important to confer with an attorney as soon as possible. The seasoned Miami attorneys of the Law Offices of Sandy T. Fox, P.A. can advise you of your rights and help you to seek an outcome that is beneficial to you and your child. We have an office in Aventura, and we frequently represent people in child custody lawsuits in Miami. You can contact us through our form online or at 800-596-0579 to set up a conference.