Articles Tagged with Time-sharing

It is important to note that any modification to a determination of parental responsibility, a parenting plan, or a time-sharing schedule may not be achieved without a showing of a substantial, material, and unanticipated change in circumstances. In addition, the modification must be in the best interests of the child. In a recent case in Moore v. Mcintosh, 39 Fla. L. Weekly 78a (Fla. 1St DCA 2014), the 1st DCA held that relocation does not itself constitute a substantial change in circumstances to warrant modification of a time-sharing agreement. The court cited several cases in which relocation did not constitute a substantial change in circumstances.

In Moore, the parties had entered into a marital settlement agreement which specifically stated that the parties anticipated to reside in close proximity to one another and in the same school district. Then, both parties relocated to different cities. The Court held that

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In order to prevent jurisdictional disputes with courts in other states on matters relating to child support and time sharing, Florida has enacted the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). Pursuant to the UCCJEA, the exercise of jurisdiction in making an initial custody determination lies with the child’s home state. “Home state” is the state in which a child lived with a parent or a person acting as a parent for at least six consecutive months immediately before the commencement of a proceeding involving a child.

Many jurisdictional disputes arise when one parent decides to remove the child from Florida and move to another state with the child. Then, either one or both parents will file a petition seeking establishment of timesharing and child support in their respective states. In this instance, the courts will have to decide whether Florida or the other state has jurisdiction to preside over the case.

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In Florida Family Law Cases we always file a Family Law Financial Affidavit (for the short form affidavit: http://www.flcourts.org/core/fileparse.php/293/urlt/902b.pdf and for the long form affidavit: http://www.flcourts.org/core/fileparse.php/293/urlt/902c.pdf). These affidavits are very useful in determining the marital estate to be divided in equitable distribution and for determining the need and ability to pay for alimony purposes.

Florida Family Law Financial Affidavits are very important and should be taken very seriously by the parties. In one recent Second District Court of Appeal case the Appellate Court relied on the Husband’s financial affidavit in reversing the trial Court’s approval of alimony.

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