JOSE ANDRES RAFFO v. MONICA M. MENENDEZ

Opinion

Third District Court of Appeal State of Florida

Opinion filed August 2, 2023. Not final until disposition of timely filed motion for rehearing.

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No. 3D22-2191 Lower Tribunal No. 13-13632 ________________

Jose Andres Raffo, Appellant,

vs.

Monica M. Menendez, Appellee.

An Appeal from the Circuit Court for Miami-Dade County, Abby Cynamon, Judge.

Law Offices of Alfaro & Fernandez, P.A., and Elbert Alfaro, for appellant.

Law Offices of Gonzalez & Associates, LLC, and Alexis Gonzalez, for appellee.

Before EMAS, SCALES and LOBREE, JJ.

PER CURIAM. Affirmed. See § 61.13(3), Fla. Stat. (2022) (providing that a trial court

may modify a parenting plan upon a showing of a substantial, material and

unanticipated change in circumstances, and modification is in the best

interests of the child); George v. Lull, 181 So. 3d 538, 540 (Fla. 4th DCA

2015) (“[T]he petitioning party has the extraordinary burden to prove the

substantial change in circumstances.”); Ezra v. Ezra, 299 So. 3d at 466, 468-

69 (Fla. 3d DCA 2020 (recognizing that the standard of review for modifying

a parenting plan is abuse of discretion and concluding that “the decision [of

the trial court] to afford the mother the sole parental responsibility for

educational and medical needs of the children is well-supported by

competent, substantial evidence.”).