BEATRIZ EUGENIA RESTREPO
v.
LUNA NATALIA OTERO AQUINO
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The Florida Third District Court of Appeal affirmed the trial court's dismissal of Restrepo's petition to modify a final judgment regarding timesharing and child support. The petition failed to allege facts sufficient to satisfy the statutory requirement of showing a substantial and material change in circumstances under Florida law.
The court held that the grounds alleged in the petition, taken as true, do not meet the requirements of section 61.13(3), Florida Statutes, which requires a showing of a substantial and material change in circumstances and a determination that modification is in the best interests of the child.
“A determination of parental responsibility, a parenting plan, or a time-sharing schedule may not be modified without a showing of a substantial and material change in circumstances and a determination that the modification is in the best interests of the child.”
Establishes the statutory requirement for modifying parental responsibility and timesharing arrangements under Florida law.
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Join FLexlaw to unlock all legal intelligenceBeatriz Eugenia Restrepo filed a petition for modification of a final judgment concerning parental responsibility, timesharing, and child support agai…
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Third District Court of Appeal State of Florida
Opinion filed March 5, 2025. Not final until disposition of timely filed motion for rehearing.
________________
No. 3D23-2175 Lower Tribunal No. 19-7059 ________________
Beatriz Eugenia Restrepo, Appellant,
vs.
Luna Natalia Otero Aquino, Appellee.
An Appeal from the Circuit Court for Miami-Dade County, David Young, Judge.
Susan R. Brown, P.A., and Susan R. Brown (Plantation), for appellant.
Sandy T. Fox, P.A., and Sandy T. Fox, and Sara E. Ross, for appellee.
Before SCALES, MILLER and GOODEN, JJ.
PER CURIAM.
2
We affirm the trial court’s dismissal of Beatriz Eugenia Restrepo’s petition for modification of the final judgment, timesharing, and child support. The grounds alleged in the petition, taken as true, do not meet the requirements of section 61.13(3), Florida Statutes. § 61.13(3), Fla. Stat. (2023) (“A determination of parental responsibility, a parenting plan, or a time-sharing schedule may not be modified without a showing of a substantial and material change in circumstances and a determination that the modification is in the best interests of the child.”); Villalba v. Villalba, 316 So. 3d 366, 368 (Fla. 4th DCA 2021) (“Dismissal of a petition for modification for failure to state a cause of action is proper where the petition alleges grounds which, if substantiated, would not give the trial court a basis to modify the final judgment.”).
Affirmed.