Disputes concerning custody and parenting plans commonly arise in the Florida courts. In most cases, the parents try to avoid future conflict by coming up with parenting plans that account for any potential changes in the child’s needs over time. This involves having a phased milestone-based plan on how to share time with the child as the child grows. One of the foremost issues in these cases is whether the parenting plan is enforceable when there is a disagreement between the parents.
Background of the case
In the aforementioned case, there was a dispute between the parents regarding custody and time-sharing of the minor child. The couple signed a parenting plan in which they agreed to follow a phased time-sharing plan for the child. There was, however, no absolute time-sharing plan. Instead, they decided to have a plan that would allow for more time-sharing by the father as the child grew.
The purpose of a phased schedule is to prevent future lawsuits over the same issue once the child reaches a certain age. Rather than forcing the parents to file suit every time there is a change in time-sharing and custody, the parents can simply make changes in accordance with the agreement.
As the child became old enough and completed all stages according to the plan, the couple had another argument regarding time-sharing. This argument led to a lawsuit over the custody of the child.
One of the parents argued that the new schedule could not automatically go into effect. To do so, they argued that the other party should prove that the change is necessary under the laws of Florida for modification of custody orders.
The appeal
The case eventually found its way to the Fourth District Court of Appeal. The court was tasked with deciding whether the milestone-based parenting plan was legally binding for both parents.
Under Florida’s laws, to seek a modification of a current custody agreement, the parent must show that a significant and unexpected change in circumstances occurred since the issuance of the order. In addition, the parent must prove that the modification is in the child’s best interests.
The appeals court analyzed the applicability of the aforementioned criteria for modification when the parents initially agree on future modifications of their parenting plan.
The Fourth District decided that the criteria in question do not necessarily apply in cases such as the one described above. Since the parents willingly agreed to a phased sharing of time, the court believed that the modifications should be treated as part of the initial plan rather than a modification of the custody order.
Thus, the appeals court upheld the parenting plan and permitted the modifications to emerge as originally agreed upon.
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Source:
caselaw.findlaw.com/court/fl-district-court-of-appeal/115791414.html