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Can a Court Modify A Time-Sharing Plan at an Orlando Florida Area Contempt Hearing?

Can a Court Modify A Time-Sharing Plan at an Orlando Florida Area Contempt Hearing? The court cannot impermissibly modify the parties’ timesharing as a sanction against one party. A court cannot modify a time-sharing plan as a sanction for contempt. That is inappropriate. Modification of a timesharing plan is inappropriate as a sanction for contempt.

This is especially true, if at the time the Order for Contempt was entered, there was no pending petition to modify time sharing or finding made by the court that modification of timesharing was in the best interest of the child.

A trial court’s decision modifying custody can be reversed, if the order modifying custody was commenced upon a motion for contempt and there was no finding that modification was in the best interest of the child.

A Modification of Timesharing seeks to change the status quo and seeks a new benefit for one party. The appropriate pleading to request a Modification of Timesharing is a Supplemental Petition for Modification. In order to prove a Modification of Custody, you must prove that there is a Substantial Change in Circumstance and that the Modification is in the Best Interest of Child.

A court may clarify a right or obligation of a party during a contempt hearing to make the order or judgment clearer for the parties and more precise for the parties to understand. However, it may not modify the order or judgment. A Clarification of an order or judgment does not seek to change rights and obligations of the parties, but to make the order or judgment clearer and precise for the parties to understand. The Court may clarify what is implicit in Final Judgment. This would be consistent with an ambiguity where the court allows parole evidence as to the parties’ intent. However, the order or judgment must be ambiguous for parole evidence to admissible to explain an ambiguity. If the document is clear on all four corners of the document than parole evidence is inadmissible

A party may file a motion to clarify an order or final judgment. However, they are required to

file a File a Petition for Modification and serve the other party by process server for a

modification.

If you have more questions regarding a Marital and Family Law matter, you may call Ann Marie Giordano Gilden at Ann Marie Giordano Gilden, P.A. at 407-732-7620 and set an initial consultation. You may also visit my website at:  https//: www.AnnMarieGildenLaw.com.  

This article is for informational purposes only; and it does not form an attorney client privilege.