There is a basic premise under the law that states that absent an emergency, failure to give notice to the other party is tantamount to a denial of due process of law.   The appellate courts throughout the State of Florida routinely reverse temporary custody orders entered without notice to the other party, or with insufficient notice, or with insufficient opportunity to be heard.  Putting it a different way, there are at least two sides to every story, and both parties should be afforded the opportunity to present their position to a judge, prior to the Court making any adjustments regarding a previously existing time-sharing schedule between the parents.

The former husband, Basem Yunis, ran afoul of these basic principles when dealing with an ex parte motion seeking emergency relief.  You can read about the facts in his case in Suleiman v. Yunis, 168 Southern 3rd 319 (Florida 5th DCA 2015).

To modify custody on a temporary basis, the party seeking relief has the burden of proving two things.  First, you must prove that a substantial change in the circumstances of one or both of the parties has occurred, and secondly, that the best interests of the child will be promoted by any changes in custody or timesharing.

When an ex parte order is entered by the court, which has the effect of changing custody or timesharing, such relief may be granted in only limited circumstances.   Generally, there must be allegations that the child is threatened with physical harm or is about to be improperly removed from the state of Florida.   Any pleading short of those allegations should mandate a full evidentiary hearing, with notice and opportunity to be heard by both sides, rather than the court granting ex parte relief.

Along similar lines, a court does not have the legal authority to change a previously existing time-sharing schedule based upon an alleged violation of shared parental responsibilities under Florida law.  If the court were to do such a thing, any change would be based upon a punishment against a parent rather than the court considering the best interests of the minor child.   A change in time sharing or custody should never be imposed based upon a sanction for the misconduct or bad behavior of either party, but must always be based upon the best interests of the minor child.

Family Law disputes regarding minor children are extremely sensitive proceedings, which require a steady hand and common sense approach to resolving conflicts. Boca Raton divorce attorney Alan R. Burton has the demeanor to approach high conflict cases with a steady hand, in order to achieve a more expeditious resolution.  Mr. Burton is an attorney who is readily accessible by telephone.  You can call him today directly on his cell phone at 954-295-9222 to discuss any issues regarding any of your family related matters

A party, in order to modify a final judgment of dissolution of marriage, must allege and prove an unanticipated substantial, material change in circumstances since the entry of the final judgment.  See the case of Chapman v. Prevatt, 845 So.2d 976 (Fla. 4th DCA 2003) for a further discussion of this topic.

In Blevins v. Blevins, 172 So. 3rd 568 (Florida 5th DCA 2015), the former husband successfully appealed his former wife’s supplemental petition seeking to modify their final judgment of dissolution of marriage.  The modification order in this case was based primarily upon the court’s concern regarding the distance of the child’s school, which was a one-hour drive from the former wife’s residence.

The residence of both the mother and father were known to the court at the time of the final judgment, when the court designated the father’s residence as the child’s legal address and address to be used for school designation purposes.  Any concerns related to this particular issue cannot form the basis for the modification order.

There are also many cases that stand for the proposition that “parents’ inability to communicate does not satisfy the substantial change requirement for modification.”   A parent needs to prove more than merely an acrimonious relationship and a lack of effective communication in order to show a substantial change in circumstances.

Modification proceedings can be straightforward or complicated, depending on the facts involved. Call Boca Raton divorce attorney Alan R. Burton at 954-295-9222 to assist you in reviewing the facts of your case that you want to rely on in seeking a modification of your divorce decree.

Support orders in Florida, including child support and most alimony awards, are subject to modification, based upon a change in circumstances.

There is a statute on point in Florida which governs the procedure for modifying support orders. See Florida Statute 61.14.

The statute is broad, but the essence of the law is to provide for a modification when there is a material and substantial change in circumstances, which was unanticipated, or when the financial circumstances of the parties warrant a modification.

Divorce in Florida is conducted in “courts of equity”, and fairness to all those involved is an underlying characteristic of these proceedings.

If an obligor who is paying support has fallen on bad times through no fault of his or her own, the court should be readily willing to make the appropriate adjustment in support, either on a temporary permanent basis.