Majority Timesharing Parents: Feel free to give more time to other parent without fear of future modification of parenting time or decrease in child support being granted

A majority timesharing parent granting non-court ordered extra parenting time to the other parent is not a basis for the "substantial change of circumstances" required for a parenting time modification.  Brown v. Brown, 1D13-0125 (Fla. 1st DCA October 25, 2013).  What this means is that if you are a majority timesharing parent, feel free to allow the other parent additional time without worry that the other parent can later use this against you as grounds to ask for an official court ordered increase in parenting time (and that parent cannot use it to try to decrease his or her child support either!  DOR o/b/o Sherman v. Daly, 74 So. 3d 165 Fla. 1st DCA 2011))  This is because Florida courts do not want to discourage "voluntary changes" between parties post-judgment.  See Sidman v. Marino, 46 So. 3d 1136 (Fla. 1st DCA 2010). 

Remember, most Final Judgments / parenting plans, even if they do not directly state it, mean any timesharing schedule for the non-majority timesharing parent to be a minimum -- not a limitation -- and majority timesharing parents should give additional time when requested and reasonable.

 

* Case law courtesty of Michael Mattson, Esq., Family Law Mediator, MattsonMediator@aol.com