COVID-19 Information

In light of COVID-19, Matthew Lane & Associates will be able to meet with new clients via Zoom. To discuss your options, please call the office. Thank you!
Matthew Lane & Associates, P.A.
Palm Beach Gardens, Wellington, Boca Raton, West Palm Beach (561) 328-1111

Modification of Child Custody and Visitation in Wellington, FL

Modification of Child Custody and Visitation will only be granted where there is a substantial, unanticipated, material, change in circumstances and where a modification is in the best interests of the children. In D.M.J v. A.J.T a final judgment was entered by the trial court in 2011. A parenting plan was incorporated into the final judgment. The parenting plan provided that when the parties' child was old enough to attend kindergarten the parents would decide where the child should go to school. If the parties were unable to decide, the matter was supposed to be mediates. Four years later, the mother alleged in her supplemental petition for modification of timesharing that the father had moved 25 miles from where he lived when the final judgment was entered. The mother alleged that this created a substantial change in circumstances that warranted a modification of timesharing. The Mother requested additional timesharing, increased child support, a designation as the ultimate decision maker for issues involving the child's education. The trial court granted the Mother's supplemental petition. The father appealed the trial court's order.

The Florida Court of Appeal held that in a Modification of Child Custody and Visitation proceeding, the petitioning party has the extraordinary burden of proving the existence of a substantial change of circumstances. The Court held that a change of address is not a material change if the change does not involve a significant distance (more than 45 miles) from the child's current location. Finally, when a final judgment reserves jurisdiction to determine which school children should attend and the parents can not agree, the Court must make that decision for the children based upon the children's best interests. The best interests of the children may warrant the modification of time ­sharing . In reaching this determination concerning timesharing, the court should take into account the children's relationship with their siblings.

To speak with a divorce attorney in Wellington, Florida, contact Matthew Lane & Associates, P.A. at (561) 651-7273.

No Comments

Leave a comment
Comment Information
Email Us For A Response

Palm Beach Gardens Office
The Financial Center at the Gardens
3801 PGA Boulevard
Suite 600
Palm Beach Gardens, Florida 33410

Toll Free: (800) 411-3434
Phone: (561) 328-1111
Map & Directions

Wellington Office
Wellington Reserve
1035 South State Road 7
Suite 315
Wellington, Florida 33414

Toll Free: (800) 411-3434
Phone: (561) 328-1111
Map & Directions

West Palm Beach Office
Phillips Point
777 South Flagler Drive
Suite 800
West Palm Beach, Florida 33401

Toll Free: (800) 411-3434
Phone: (561) 328-1111
Map & Directions

Boca Raton Office
One Boca Place
2255 Glades Road
Suite 324A
Boca Raton, Florida 33431

Toll Free: (800) 411-3434
Phone: (561) 328-1111
Map & Directions