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There Needs To Be A Substantial Change In Circumstances For A Petition For Modification Of Time-Sharing To Be Granted

August 28, 2015 by  
Filed under Uncategorized

 

In Blevins v. Blevins, the 5th District Court of Appeals held that because substantial competent evidence of substantial change in circumstances was not presented the trial court abused its discretion by granting former wife’s modification petition.

The Former Wife had sought modification based on the distance between her residence and the child’s school.   The Court ruled that the distance between the Former Wife’s residence and a child’s school was not a basis for modification of time-sharing where the location of parties’ residences was known at the time of the final judgment, when the trial court selected the former husband’s residence as a child’s legal address and address for school designation purposes.  Absent a substantial change in circumstances the trial court should not have granted a petition for modification of time-sharing.

If you want to modify time-sharing after a judgement has been entered it is important to present the right evidence to the court for it to rule in your favor and for its decision to be upheld based upon the best interests of the child and there having been a substantial change in circumstances.

If you need to talk to a lawyer or attorney about a modification of time-sharing please contact our office to arrange a consultation on (786)539-4935

Disclaimer: The Law Offices of Robert Hanreck, P.A. is based in Miami , Florida and serves clients throughout the State including Miami-Dade and Broward counties. We are licensed to practice law in the State of Florida. This website is intended for informational purposes only and is not meant to constitute legal advice, or solicit clients outside of the State of Florida.