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Modification Of Time-Sharing Improper Where Father Had Filed A Motion For Contempt

November 10, 2015 by  
Filed under Uncategorized




In Cockrell v. Kinnett, the Fifth District Court of Appeals for the State of Florida ruled that the trial court should not have modified time-sharing based upon the motion for contempt before it.  The father had filed a motion for contempt alleging that the mother had denied him time-sharing on three separate occasions.  While the father requested a change in time-sharing in the body of the motion he did not include it in the prayer for relief.  The father had not filed a petition for modification of time-sharing as called for by the parties prior agreement and the applicable law.  He had not alleged that there had been a substantial change in circumstances or that a modification of time-sharing would be in the child’s best interests.  Accordingly, the Fifth District Court of Appeals held that the trial court should not have modified time-sharing.

If you are involved in a paternity case, divorce case, or seeking a modification of a judgment just having good facts on your side may not be enough.  It is important that you file the correct paperwork and present the correct and best evidence to the court to support your position at the trial and appellate levels.  If you don’t the trial court or appellate court may have to rule against you. 

If you want a consultation with one of our attorneys or lawyers to discuss a paternity case, divorce, modification, or the appeal of a final judgment please call us on (786)539-4935.


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