What qualifies as a substantial change in circumstances?

According to Florida law, a parent becoming sober and improving his/her circumstances in life is not a substantial change in circumstances that can justify a modification of a timesharing plan:

The agreed final judgment was signed on December 19, 2017. The Mother moved to modify it less than twelve months later. At the hearing on her motion, she testified that she has been sober since January 1, 2018. Her sobriety two weeks after the entry of the agreed final judgment is not a substantial change not reasonably contemplated at the time of the original judgment. Jannotta, 959 So. 2d at 374; see also Bell v. Bell, 295 So. 3d 336, 338 (Fla. 1st DCA 2020) (“[W]e have recognized that improved life circumstances do not constitute a substantial change in circumstances sufficient to allow for a modification of timesharing arrangements.”).

The circuit court's order amending the agreed final judgment is reversed. Our reversal is without prejudice to the Mother's right to seek modification attributable to a substantial and material change or other legally available reason. See Chamberlain v. Eisinger, 159 So. 3d 185, 189 (Fla. 4th DCA 2015) (the burden on the parent seeking modification “should not preclude legitimate review in the best interests of the child where there have been significant changes affecting the well being of the child, especially when the change of circumstances has occurred over a substantial period of time.”) (quoting Pedersen v. Pedersen, 752 So. 2d 89, 91 (Fla. 1st DCA 2000)).

See: Daniello v. Settle, 336 So. 3d 1224 

Related (From our main website and this blog):

• What is a Substantial Change of Circumstances in Alimony?
• Can court change timesharing with change in residence?
  
• How does time-sharing work in Florida?
• Child Custody in Florida
• Does a child's living preference justify custody change?

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