In a modification of child custody & visitation proceeding, there is no requirement that the change in circumstances be involuntary in order to modify time-sharing. In Wilks v. Cronin the Florida Court of Appeal recently stated: “The former husband, Brian Wilks, appeals the Order Granting Former Wife’s Motion To Dismiss rendered following an evidentiary hearing.
The Order is directed to Wilks’ motion to modify the parties’ parenting plan, particularly his request to modify the time-sharing component regarding their young child…Wilks’ change to the day shift gave Wilks the ability to be available to the child in a more significant way, leading Wilks to file his modification request to increase his share of time with the child. The former wife opposed the request…In order to modify the time-sharing provisions of a parenting plan, sections 61.13(2)(c) and (3) require that the modification be in the best interest of the child and be based upon a substantial, material, and unanticipated change in circumstances. The trial court determined that the requested modification was not based on a substantial change of circumstances, but there is no competent, substantial evidence in the record to support that conclusion. In addition, the trial court held that the shift change was voluntary, but involuntariness of the change is not a requirement under the statute; consequently, the trial court erred in basing its decision on that finding.”
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