Ex-husband has violated parenting plan and lied about child living with him for Medicaid. How do I get full custody?

A Florida parent may seek sole parental responsibility and a modified time-sharing schedule by filing a supplemental petition alleging and proving a substantial and material change in circumstances and demonstrating that the requested modification is in the child’s best interests. Sole parental responsibility refers to a court-ordered arrangement in which one parent has the authority to make decisions regarding the child. 

The supplemental petition should identify the existing court order, describe the substantial and material changes in circumstances, specify the requested relief, and explain why the proposed modification serves the child’s best interests. The petition should also include a completed Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) affidavit. This affidavit must disclose, under oath, the child’s current whereabouts, residences during the preceding five years, relevant custody proceedings, and any individuals claiming custody or visitation rights. 

A parent may also seek contempt or other appropriate sanctions for violations of the existing parenting plan. Additionally, the court may modify the parenting plan at the request of the parent who has not violated its terms, provided the modification serves the child’s best interests.  However, a request to modify parental responsibility or time-sharing should be properly raised through a supplemental petition to ensure that the other parent receives adequate notice and an opportunity to respond. The court must base its decision on the evidence and the child’s best interests rather than using a modification of parental responsibility or time-sharing merely to punish parental misconduct.

Regarding an allegedly false Medicaid residency claim, the Florida Attorney General oversees the state’s Medicaid Fraud Control Unit, which investigates suspected criminal violations involving fraud in the administration of Medicaid or the provision of medical assistance. The unit is also responsible for safeguarding medical records obtained within the scope of its investigations. 

Accordingly, a parent seeking a change in parental responsibility or time-sharing should pursue properly pleaded modification and contempt relief, supported by admissible evidence of the alleged parenting plan violations and changed circumstances. Suspected Medicaid fraud should be reported to the appropriate authorities for investigation rather than treated as an automatic basis for modifying parental responsibility or time-sharing.