Wade v. Hirschman

Summary

The Supreme Court of Florida held that the substantial change test applies to modifications of all custody agreements, including rotating custody arrangements, unless the final judgment provides otherwise. The court rejected the Fifth District's rule allowing modification based solely on proof that a rotating custody plan had failed and a new best-interests determination. It quashed the Fifth District's decision and approved the trial court's modification designating the father as the primary residential parent.

Holdings

1. Unless the final judgment provides otherwise, the two-part substantial change test applies to modification of all custody agreements, including rotating-custody agreements.
2. The substantial change test applies identically to modification of a final decree adopting a stipulated rotating-custody agreement and to modification of a custody order entered after an adversarial hearing.
3. Proof that continuing the existing custody arrangement would be detrimental to the child is not an independent element of Florida's substantial change test.
4. The trial court did not abuse its discretion in modifying the rotating-custody agreement, awarding shared parental responsibility, and designating the father as primary residential parent.

Questions Presented

1. What legal standard governs modification of a final custody decree providing for rotating custody?
2. Does the substantial change test apply equally to a final custody decree incorporating a stipulated rotating-custody agreement and to a custody order entered after an adversarial hearing?
3. Did competent, substantial evidence and the best interests of the child support the trial court's modification of rotating custody and designation of the father as primary residential parent?
4. Is proof that a custody change would be detrimental to the child an additional element of the substantial change test?

Disposition

quashed