Substantial And Material Change In Circumstances

65 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• Bartolotta v. Bartolotta
  687 So. 2d 1385· Fla. 4th DCA· 1997-02-26 ·cited 50×
  Mother appeals a trial court order modifying custody of the parties' three children from Mother to Father. The appellate court reverses, holding that the Father's modification petition failed to adequately allege a substantial and material change in circumstances, and the trial c
• Adams v. Adams
  385 So. 2d 688· Fla. 3d DCA· 1980-06-17 ·cited 42×
  The court held that the trial court erred in changing child custody based on insufficient evidence of a substantial and material change in circumstances.
• Nury Agudo v. Marcelo Agudo
  411 So. 2d 249· Fla. 3d DCA· 1982-03-02 ·cited 28×
  A Florida appellate court reversed a trial court order that changed temporary custody of a 17-month-old child from the mother to the father in a dissolution of marriage case. The court held that while interlocutory custody orders may be modified without showing a substantial chan
• Ragle v. Ragle
  82 So. 3d 109· Fla. 1st DCA· 2011-08-15 ·cited 25×
  A former husband appeals a trial court's modification of custody following the parties' 2008 divorce, challenging the court's finding that his relocation of the children from Clay County to St. Johns County (28 miles away) constituted a substantial and material change in circumst
• Smoak v. Smoak
  658 So. 2d 568· Fla. 1st DCA· 1995-06-23 ·cited 24×
  The Florida District Court of Appeal reversed a trial court's order modifying child custody from the mother to the father, holding that the father failed to meet his "extraordinary burden" of proving a substantial and material change in circumstances. The court rejected relying o
• Kilgore v. Kilgore
  729 So. 2d 402· Fla. 1st DCA· 1998-12-28 ·cited 22×
  In this domestic relations appeal, the First District Court of Appeal reversed a trial court's modification order that changed primary residential custody of two minor children from their mother to their father. The court held that the trial court failed to make an express findin
• Ness v. Martinez
  249 So. 3d 754· Fla. 1st DCA· 2018-06-13 ·cited 16×
  The trial court did not abuse its discretion in denying relocation and modifying time-sharing, as competent, substantial evidence supported both decisions. However, the child support award was reversed and remanded because the court failed to make express findings regarding the p
• Jannotta v. Hess
  959 So. 2d 373· Fla. 1st DCA· 2007-06-13 ·cited 15×
  The court held that the trial court abused its discretion by changing custody of one child without sufficient competent substantial evidence, particularly given the separation of siblings.
• C.N. v. I.G.C.
  316 So. 3d 287· Fla.· 2021-04-29 ·cited 12×
  The Florida Supreme Court resolved a certified conflict among district courts by holding that a final judgment modifying a parenting plan is not legally deficient merely because it fails to provide specific concrete steps for a parent to restore lost time-sharing rights. The Cour
• Straney v. Floethe
  58 So. 3d 374· Fla. 2d DCA· 2011-04-08 ·cited 10×
  An order modifying child custody must be based on a finding of a substantial and material change in circumstances, and the trial court's failure to make such a finding requires reversal.
• Green v. Dep't of Health & Rehabilitative Servs.
  696 So. 2d 1351· Fla. 5th DCA· 1997-07-25 ·cited 10×
  Incarcerated mother Evelyn Green appeals the trial court's denial of her petition to expand visitation rights with her nine-year-old son from telephone and written correspondence to in-person visits. The appellate court affirmed the denial, finding no substantial change in circum
• Gutierrez v. Medina
  613 So. 2d 528· Fla. 3d DCA· 1993-01-26 ·cited 10×
  The court held that minor disagreements between parents regarding a child's education do not constitute a substantial and material change in circumstances justifying a transfer of custody.
• Finney v. Giddens
  707 So. 2d 856· Fla. 2d DCA· 1998-03-04 ·cited 9×
  The court held that the former husband failed to demonstrate a substantial and material change in circumstances to justify modification of custody, and that the trial court erred in striking child support arrearage without proper determination.
• In the Interest of BB. Rosemarie Spano v. Dep't of Child. & Families
  820 So. 2d 409· Fla. 3d DCA· 2002-06-26 ·cited 8×
  A mother challenged a juvenile court shelter order that prohibited all contact with her minor daughter, arguing the order was based on legally insufficient evidence and was an improper attempt to circumvent a prior appellate mandate restoring her visitation rights. The appellate
• Webb v. Gov E. Webb
  659 So. 2d 336· Fla. 1st DCA· 1995-04-11 ·cited 8×
  Where the parties enjoyed a lavish lifestyle during marriage, the former husband's income increased significantly since the final judgment, and the former wife needs the original alimony amount to maintain the marital standard of living while the former husband can easily continu
• Purdon v. Purdon
  529 So. 2d 334· Fla. 1st DCA· 1988-07-29 ·cited 8×
  Joan Purdon appealed a trial court order modifying child custody from her to her ex-husband, Dr. Alfred Purdon. The appellate court affirmed the modification, holding that Dr. Purdon satisfied the extraordinary burden required for a non-custodial parent seeking custody modificati
• Martinez v. Lebron
  284 So. 3d 1146· Fla. 5th DCA· 2019-11-15 ·cited 7×
  Florida had subject matter jurisdiction under the UCCJEA because Florida was the child's home state under section 61.514(1)(a), and alternatively, the trial court obtained jurisdiction under section 61.514(1)(b) when New York declined to exercise jurisdiction and found Florida th
• Wolfson v. Wolfson
  173 So. 3d 1136· Fla. 3d DCA· 2015-09-09 ·cited 6×
  The trial court departed from the essential requirements of law by entering an order for temporary supervised visitation without providing both parties an opportunity to be heard.
• Lonsdale v. Elbanna
  318 So. 3d 632· Fla. 2d DCA· 2021-10-01 ·cited 5×
  The appellate court reversed a trial court's order modifying a father's timesharing with his daughter. The modification order was flawed because it did not explicitly state the required findings of a substantial change in circumstances and that the modification was in the child's
• Boykin v. Boykin
  843 So. 2d 317· Fla. 1st DCA· 2003-04-08 ·cited 5×
  The Florida First District Court of Appeal reversed a trial court's order modifying primary custody of a minor child from the former wife to the former husband, holding that evidence of poor housekeeping and unkempt children, without showing harm to the child, is insufficient to
• Seith v. Seith
  337 So. 3d 21· Fla. 4th DCA· 2022-03-02 ·cited 4×
  The appellate court affirmed the modification of a timesharing schedule due to a parent's relocation but reversed the child support modification. The court found errors in the calculation of overnights, the failure to issue an income deduction order, and the incorrect application
• Villalba v. Villalba
  316 So. 3d 366· Fla. 4th DCA· 2021-04-28 ·cited 4×
  A parent's mere improvement in living conditions, such as obtaining an additional bedroom, does not constitute a substantial, material, and unanticipated change in circumstances necessary to modify a timesharing and child support order.
• Talarico v. Talarico
  305 So. 3d 601· Fla. 3d DCA· 2020-04-22 ·cited 3×
  The appellate court reversed a lower court's order that significantly limited a mother's timesharing with her children. The court found that the lower tribunal relied on unrecorded, in-chambers interviews with the children and non-record evidence, without providing the mother an
• Kyle v. Carter
  290 So. 3d 640· Fla. 1st DCA· 2020-02-19 ·cited 3×
  The appellate court reversed an order modifying child timesharing due to insufficient pleadings and lack of factual findings, but dismissed the appeal of a prior contempt order as untimely. The case highlights the procedural requirements for modification petitions and the necessi
• Nishita K. Patel v. Jaimin B. Patel
  324 So. 3d 1001· Fla. 1st DCA· 2021-07-19 ·cited 2×
  The appellate court reversed a trial court's order modifying a child time-sharing plan. The court found the modification was improper because the former husband did not demonstrate a substantial change in circumstances, did not initiate the proceedings with the correct legal plea
• Georgeanne Romeo v. Romeo
  Fla. 2d DCA· 2020-11-20 ·cited 2×
  The appellate court reversed a supplemental final judgment modifying child support and a parenting plan because the lower court failed to make a required finding of a substantial, material, and unanticipated change in circumstances. This failure is critical for modification proce
• Bell v. Bell
  295 So. 3d 336· Fla. 1st DCA· 2020-04-23 ·cited 2×
  The appellate court reversed a trial court's modification of a timesharing schedule, finding that the father's improved mental health alone did not constitute a substantial change in circumstances required for modification. The court also reversed the denial of the mother's motio
• Preudhomme v. Garth Bailey
  257 So. 3d 1032· Fla. 4th DCA· 2018-10-24 ·cited 2×
  A trial court erred in holding the former wife in contempt for school tardiness where the final judgment contained no express provision addressing school attendance, and erred in modifying the communication method from Our Family Wizard to talkingparents.com without any party req
• Telissa A. Brown v. Schane D. Brown
  124 So. 3d 424· Fla. 1st DCA· 2013-10-25 ·cited 2×
  In this family law appeal, the First District Court of Appeal reversed a trial court's modification of a child custody and support judgment because the court improperly found a substantial and material change in circumstances based solely on the former wife's accommodation of ext
• Lucinda Eudy Williams (Clayton) v. Williams
  553 So. 2d 1364· Fla. 2d DCA· 1989-12-20 ·cited 2×
  The court held that the trial court abused its discretion by not making increased child support payments retroactive to the date of the final hearing, but affirmed the denial of attorney's fees.
• Harrell v. Friend
  388 So. 3d 1086· Fla. 1st DCA· 2024-05-08 ·cited 1×
  Allegations that a party has overcome prior alcohol abuse through successful mental health treatment and medication may constitute, in conjunction with other relevant factors, a substantial and material change in circumstances warranting modification of a parenting plan, and the
• YU YAN Chan v. Addison
  386 So. 3d 1033· Fla. 6th DCA· 2024-04-19 ·cited 1×
  Yu Yan Chan appealed a trial court order striking the Parenting Plan incorporated into her Final Judgment of Dissolution of Marriage. The Florida District Court of Appeal, Sixth District, reversed the trial court's sua sponte action, holding that the court lacked proper notice an
• Alence v. Matheson
  351 So. 3d 1265· Fla. 2d DCA· 2022-12-07 ·cited 1×
  The appellate court reversed a trial court's dismissal of a mother's petition to modify a parenting plan. The court found the mother sufficiently alleged a substantial, material, and unanticipated change in circumstances due to the father's alleged risky behaviors and neglect of
• Allyn v. Allyn
  306 So. 3d 1111· Fla. 2d DCA· 2022-11-30 ·cited 1×
  The appellate court reviewed a supplemental final judgment modifying a parenting plan. While affirming the modification of timesharing due to changed circumstances, the court reversed a specific provision that improperly delegated the court's authority to a therapist.
• Lyles v. Guffey
  305 So. 3d 839· Fla. 1st DCA· 2020-11-20 ·cited 1×
  The appellate court reversed a trial court's modification of a paternity judgment, finding that the father's return to Florida was a foreseeable event and thus not a substantial change in circumstances justifying modification of the parenting plan. This decision clarifies the "ex
• Puhl v. Puhl
  260 So. 3d 323· Fla. 4th DCA· 2018-11-28 ·cited 1×
  The Former Wife appealed the circuit court's order granting the Former Husband's petition to modify the parties' parenting plan and timesharing arrangement. The court reversed, holding that the Former Husband failed to meet the extraordinary burden of proving a substantial, mater
• Verrier v. Phoebe E. Oaks
  235 So. 3d 1050· Fla. 2d DCA· 2018-01-19 ·cited 1×
  While a circuit court has discretion to modify a parenting plan upon a showing of substantial, material, and unanticipated change in circumstances, restrictions on visitation must be supported by evidence and cannot completely prohibit all contact between a parent and children ab
• Henry v. Rice
  Fla. 4th DCA· 2026-10-21
  A trial court abuses its discretion by modifying timesharing in an interim order when a petition for modification is pending and the only motion noticed for hearing is a contempt motion, absent a real emergency and evidentiary hearing on the child's best interests.
• Vishal Ramjas v. Lissette De La Caridad Gonzalez
  Fla. 4th DCA· 2026-09-02
  A parent seeking to modify a timesharing order must first establish a substantial and material change in circumstances; a long-distance parent's relocation to within 50 miles of the other parent may constitute such a change under § 61.13(3), Fla. Stat. (2024). Once a substantial
• Edwards v. Williams
  Fla. 6th DCA· 2025-12-23
  A trial court's modification of a parenting plan must include explicit findings that the change in circumstances is substantial, material, and unanticipated as required by § 61.13(3), Florida Statutes, and an appellate court cannot make these factual determinations itself.
• Germania Paola Naranjo Saenz v. Diaz
  Fla. 3d DCA· 2025-06-25
  A trial court's modification of a timesharing schedule is affirmed where the appellant fails to provide a transcript of the evidentiary hearing and does not meaningfully challenge the magistrate's recommended order, as the trial court's decision is entitled to a presumption of co
• Restrepo v. Luna Natalia Otero Aquino
  Fla. 3d DCA· 2025-03-05
  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
• Gonzalez v. Henry
  Fla. 3d DCA· 2025-01-15
  This family law appeal concerns a parenting time-sharing arrangement between Miguel Gonzalez and Sabrina Henry. The Third District Court of Appeal affirmed the lower court's decision, emphasizing that equal time-sharing is presumptively in the best interests of the child and that
• Mattingly v. Hatfield
  Fla. 1st DCA· 2024-02-28
  A Florida court lacks authority to modify a grandparent visitation order issued by a Kentucky court because the statutory exceptions to Florida's prohibition on modifying out-of-state child custody determinations did not apply, particularly where the person awarded visitation (th
• Perseo v. Donofrio
  Fla. 4th DCA· 2024-02-07
  When a parenting plan expressly provides a date certain for reevaluation and modification of timesharing without prejudice, a party seeking modification at or after that date need not prove a substantial, material, and unanticipated change in circumstances. The substantial change
• Heath v. Lee
  Fla. 1st DCA· 2023-10-25
  A parent seeking to modify a timesharing agreement may survive summary judgment by alleging multiple factors that, in totality, constitute a substantial and material change in circumstances, even if individual factors alone would be insufficient; the trial court must view evidenc
• Raffo v. Menendez
  Fla. 3d DCA· 2023-08-02
• Raffo v. Menendez
  Fla. 3d DCA· 2023-08-02
  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.
• Ehab Nasef v. Eddy
  Fla. 4th DCA· 2023-07-26
  The appellate court reviewed a paternity judgment, reversing an order for attorney's fees due to the trial court's failure to make findings on reasonableness and striking a contempt finding because it was not properly before the court. However, the court affirmed the denial of th
• Davis v. Davis
  363 So. 3d 1213· Fla. 6th DCA· 2023-05-19
  The appellate court reversed a trial court's order modifying timesharing and granting relocation because the trial court failed to make specific factual findings required by statute regarding the best interests of the children. The case highlights the importance of detailed findi