In Wolfson v. Wolfson, The Third District Court Of Appeals reversed an order temporarily modifying time-sharing where both parents were not given the opportunity to be heard. The Court held that the Mother needed to be given the opportunity to be heard.
The Court reasoned that under Florida law, unless a party can prove modification is required by a substantial and material change in circumstances, and that the child’s best interest will be promoted by such a modification, a trial court should not disturb the child custody determinations made final by a judgment of dissolution of marriage. Generally, both parties must be given notice and an opportunity to be heard on the matter prior to any modification, unless there is an actual, demonstrated emergency situation, such as where a child is threatened with physical harm or is about to be improperly removed from the state. Even in such instances, every reasonable effort should be made to ensure both parties have an opportunity to be heard. To conduct a proper inquiry into these issues, both parties must generally be given the opportunity for a full hearing where the parties and their witnesses are given an opportunity to testify.
If you need to talk to a lawyer or attorney about modification of time-sharing, custody, visitation, or parental responsibility please contact our office to arrange a consultation on (786)539-4935
