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Child Custody: Time-Sharing Modification Reversed By Court of Appeal

CASE STORY:

In Polk County, Florida, a mother appealed a court order that would modify time-sharing of her children in favor of the father.

A portion of a court order modifying time-sharing was reversed by the Second District Court of Appeal for the three reasons argued by the mother:

1. A court cannot modify time-sharing as a sanction for a parent’s contempt of a custody order. Meaning that just because the mother did not adhere to the original child custody order, it does not mean that time-sharing must be modified in the father’s favor.

2. The trial court’s order does not make an explicit finding that the change of time-sharing was in the best interests of the child or otherwise indicate that the best interests of the child had been considered.

3. The modification of time-sharing was made without affording the mother due process.

In this case, the mother’s attorney was able to help protect her child custody rights.

Retaining an experienced lawyer to advocate for your rights as a parent is essential in protecting your child’s best interests, while advocating for your rights.

If you need help with any child custody modification or time-sharing conflict, we are here to help you.

Give us a call at (813) 999-2772 to schedule a child custody consultation with Gary Dolgin, and it will be our pleasure to help you.

Learn more about child custody by visiting:
Child Custody Modifications in Tampa, Florida