JOSE ANDRES RAFFO
v.
MONICA M. MENENDEZ
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A trial court does not abuse its discretion when it modifies a parenting plan upon a showing of a substantial, material, and unanticipated change in circumstances that is in the best interests of the child, and the modification is supported by competent, substantial evidence.
[1] Modification of a parenting plan requires the petitioning party to prove a substantial, material, and unanticipated change in circumstances, and the trial court's decisio…
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Join FLexlaw to unlock all legal intelligenceAppellant Jose Andres Raffo appealed a trial court decision modifying a parenting plan in a family law matter involving Miami-Dade County. The trial c…
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PER CURIAM.
Affirmed. See § 61.13(3), Fla. Stat. (2022) (providing that a trial court may modify a parenting plan upon a showing of a substantial, material and unanticipated change in circumstances, and modification is in the best interests of the child); George v. Lull, 181 So. 3d 538, 540 (Fla. 4th DCA 2015) (“[T]he petitioning party has the extraordinary burden to prove the substantial change in circumstances.”); Ezra v. Ezra, 299 So. 3d at 466, 468- 69 (Fla. 3d DCA 2020 (recognizing that the standard of review for modifying a parenting plan is abuse of discretion and concluding that “the decision [of the trial court] to afford the mother the sole parental responsibility for educational and medical needs of the children is well-supported by competent, substantial evidence.”).
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