KEITHA ELISE GRIFFITH, APPELLANT/CROSS-APPELLEE,
v.
EVERETT EDWARD GRIFFITH, APPELLEE/CROSS-APPELLANT
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A former wife appeals a trial court's modification of a custody order that shifted primary residential responsibility for two minor children from the mother to the father. The appellate court reversed because the trial court failed to include statutorily required findings about the specific substantial change in circumstances and the best interests of the children, despite having made a general finding of substantial change.
Although the trial court made a general finding of substantial change in circumstances, it failed to specify what that change was in the final order or oral pronouncement, and the record contains no indication that the court actually considered the enumerated best-interests factors required by statute. Therefore, the modification order must be reversed and remanded.
[1] A modification of a time-sharing schedule requires a showing of a substantial, material, and unanticipated change in circumstances and a determination that the modificati…
[2] A trial court must specify the substantial change in circumstances found to warrant modification of a time-sharing schedule.
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Join FLexlaw to unlock all legal intelligence“[A] time-sharing schedule may not be modified without a showing of a substantial, material, and unanticipated change in circumstances and a determination that the modification is in the best interests of the child.”
Establishes the dual statutory requirement for custody modification under Florida law
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Join FLexlaw to unlock all legal intelligenceThe parties' divorce was finalized on December 1, 2008, with shared parental responsibility and the former wife having primary residential custody. In…
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Keitha Elise Griffith, the Former Wife, challenges the trial court’s Final Judgment on Modification of Final Judgment of Dissolution of Marriage, in which the court changed the shared parental and custodial responsibility for the parties’ two minor children to award sole parental and custodial responsibility to Everett Edward Griffith, the Former Husband. On cross-appeal, the Former Husband challenges that portion of the final judgment on modification which failed to make the Former Wife’s child support obligation retroactive to the date he filed his petition for modification. We affirm as to the cross-appeal without comment. But because the trial court did not include certain statutorily required findings in its order, we must reverse the final judgment of modification on direct appeal.
The parties’ divorce became final on December 1, 2008, and pursuant to the final judgment of dissolution, the parties were to share parental responsibility for their two minor children, with the Former Wife having primary residential responsibility. On March 13, 2012, the Former Husband filed a petition for modification, seeking a change in residential parent and/or supervised time-sharing. In his petition, the Former Husband alleged a substantial change of circumstances in that since the final dissolution of marriage, the Former Wife had moved residences several times with the children, was not financially stable, was not providing a stable and secure environment for the children, engaged in physically abusive relationships with men, exposed the children to such abuse, and had been arrested four times for domestic violence.
A hearing on the petition was held on April 3, 2012, but the Former Wife did not attend. The trial court heard testimony and at the close of the hearing entered a temporary order modifying time-sharing to make the Former Husband the primary residential parent and allowing the Former Wife supervised time-sharing.
A final hearing was held January 17, 2013. The Former Wife appeared pro se. At the close of the hearing, the trial court found a substantial change in circumstances warranting modification and ordered that the Former Husband be named primary residential parent with supervised time-sharing for the Former Wife.
On appeal, the Former Wife argues that the trial court erred in finding that a substantial change of circumstances had oc*1186curred and in failing to consider the best interests of the children pursuant to section 61.13(8), Florida Statutes (2012). We must agree.
“[A] time-sharing schedule may not be modified without a showing of a substantial, material, and unanticipated change in circumstances and a determination that the modification is in the best interests of the child.” § 61.13(8). Here, the trial court did make a specific finding that there was a substantial change in circumstances; however, neither the final order of modification nor the court’s oral pronouncement specifies what that substantial change is. Furthermore, there is nothing in the record to specifically suggest that the trial court considered the best interests of the children. See § 61.13(3) (stating that “[d]eterminati()n of the best interests of the child shall be made by evaluating” certain enumerated factors).
Accordingly, we must reverse the trial court’s final order of modification and remand for reconsideration.1 On remand, the trial court’s temporary order modifying the time-sharing arrangement by naming the Former Husband primary residential parent will remain in effect while the cause remains pending.
Affirmed in part, reversed in part, and remanded.
WALLACE and LaROSE, JJ., Concur.
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D.M.J. v. A.J.T., 190 So. 3d 1129 (Fla. 2d DCA 2016)…School A. “[A] time-sharing schedule may not be modified without a showing of a substantial, material, and unanticipated change in circumstances and a determination that the modification is in the best interests of the child.” Griffith v. Griffith, 133 So. 3d 1184, 1186 (Fla. 2d DCA 2014) (alternation in original) (quoting § 61.13(3), Fla. Stat. (2012)). “It is well settled that- in order to modify a timeshar-ing plan there must be a substantial change in circumstances.” George v. Lull, 181 So. 3d 538, 540 (F…
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Hollis v. Hollis, 2017 WL 2983290 (Fla. 2d DCA 2019)…by the Mother's unilateral change of the child's elementary school and her unilateral change of the child's therapist; and the finding that the Mother was in contempt of court for her actions relative to visitation."), with Griffith v. Griffith, 133 So. 3d 1184, 1186 (Fla. 2d DCA 2014) (reversing the trial court's modification order where "the trial court did make a specific finding that there was a substantial change in circumstances; however, neither the final order of modification nor the court's oral…
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Thomas v. Khadejah Cromer (Fla. 3d DCA 2019)…Lull, 181 So. 3d 538, 540 (Fla. 4th DCA 2015) (“It is well settled that in order to modify a timesharing plan there must be a substantial change in circumstances.”) (citing Wade v. Hirschman, 903 So. 2d 928, 932 (Fla. 2005)); Griffith v. Griffith, 133 So. 3d 1184, 1186 (Fla. 2d DCA 2014) (“[A] time-sharing schedule may not be modified without a showing of a substantial, material, and unanticipated change in circumstances and a determination that the modification is in the best interests of the child.”) (alte…
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