Case Law Development: Substantial Change in Circumstances Standard for Custody Modification is Just Right

The Florida Court of Appeals reiterates the substantial change in circumstances test as the relevant test for petitions to modify child custody arrangements.  In doing so, it reversed a trial court’s denial of a petition to modify custody as the trial court had relied on outdated precedent. The trial court had relied on precedent that required showing that a co-parenting split parenting plan would not be modified unless “unworkable and doomed to failure."  The court of appeals noted that the Supreme Court of Florida had disapproved this test and had also rejected a "detriment" standard for custody modifications – the first test making it “too easy to modify rotating custody agreements by permitting modification without a substantial change in circumstances” while the second test “made it too difficult by requiring a showing of detriment.”

Briscoe v. Briscoe, 2006 Fla. App. LEXIS 5614 (2d district April 19, 2006)
Opinion on the web (last visited April 20, 2006 bgf)