When parents divorce, they will typically share custody of their children. In some instances, one parent will initially be granted the majority of custody time, but subsequent changes in circumstances will lead to a modification that allocates primary custody to the other parent. Recently, a Florida court addressed the issue of whether a modification order that changes the right to the majority of parenting time from one parent to another must include terms for how the other parent can regain meaningful time sharing rights. If you are involved in a dispute over custody of your child, it is critical to speak to a trusted Florida child custody attorney to discuss what steps you can take to protect your rights.
Factual and Procedural History
It is reported that the mother and father divorced in 2015. Pursuant to the divorce decree, the mother was granted the majority of the parenting time of the couple’s minor child. In 2019, the father sought a modification of the custody arrangement. The court granted the modification, giving the majority of parenting time to the father.
It is alleged that the mother conceded that a material change in circumstances occurred that required a change in custody and did not contest the terms of the time-sharing arrangement under the supplemental order. The mother nonetheless appealed the order, arguing that the court erred in failing to set forth what steps the mother could take to regain substantial parenting rights.