Sidman v. Marino

Margaret Sidman appeals an order modifying the visitation arrangement contained in the consent decree she entered into with Louis Marino, III, in 2000. We find that the lower court abused its discretion by modifying visitation without competent, substantial evidence of a substantial change in circumstances. See, e.g., Jannotta v. Hess, 959 So.2d 378 (Fla. 1st DCA 2007).

Sections 61.13(2)(e) and (3), Florida Statutes, each require, proof that modification of a parenting plan and time-sharing schedule is in the best interests of the child and is based upon a substantial, material, and…