According to Florida law, when the court is considering a change in primary residence it may also consider a change in a timesharing arrangement:
The Father is correct that a trial court considering a change in primary residence may also consider a change in the timesharing arrangement. See Dodge v. Dodge, 578 So.2d 522, 522 (Fla. 4th DCA 1991). We have held that “[o]rdinarily, a trial court that is properly considering the custody of a child is also empowered to consider visitation as a necessary component of any custody arrangement. As in this case, a trial court may determine that a change in custody is not warranted, but increased visitation with the noncustodial parent may be. Hence, parties on notice that a change in custody is sought should also be on notice that the court may consider a change in the parties' visitation arrangements.” Id. See also George v. George, 600 So.2d 1253, 1255 (Fla. 4th DCA 1992) (Polen, J., specially concurring) (citing Dodge in rejecting mother's argument that court abused its discretion in awarding father increased visitation in absence of such request in pleading); Vanoy v. Johnson, 459 So.2d 453, 454 (Fla. 5th DCA 1984) (finding father was on notice of possibility of change in mother's visitation where mother petitioned for change in primary custody).
See: Carey v. Batiste, 96 So. 3d 459
Related (From this site and our main website):
- How to File for Child Relocation in Florida and Win Your Case
- How are child custody decisions made?
- Child Custody in Florida
_______________
Do you have questions or comments? Then please feel free to send us an email or call him now at (954) 880-1302.
If you found this information helpful, please share this article and bookmark it for your future reference.
No comments:
Post a Comment