Summary of the Case
In Holly Squires v. Jared Squires (Fla. 5th DCA, June 20, 2025), the Fifth District Court of Appeal upheld a trial court’s decision denying a mother’s request to modify child support and the parenting plan after her child was diagnosed with autism.
The mother, acting through counsel, sought increased child support, ultimate decision-making authority, and restrictions on the father’s timesharing. She argued that the diagnosis created a substantial change in circumstances requiring modification. After an evidentiary hearing, the trial court denied both parents’ requests and issued an order that contained no written findings.
On appeal, the mother argued that the trial court’s failure to make specific written findings required reversal. The appellate court disagreed, holding that Florida law does not require written findings when a court denies a modification request. Because the record lacked transcripts, the appellate court presumed the trial court’s decision rested on competent, substantial evidence.
The opinion reminds parents that modification requests carry a heavy burden of proof. It also shows that appellate courts defer strongly to trial judges who hear live testimony. For families considering changes to parenting or support obligations, a Tampa divorce lawyer can explain the evidentiary standards and procedural rules that control these cases.
1. The Background of Squires v. Squires
Holly and Jared Squires divorced under a final judgment incorporating their settlement agreement. After the judgment, their child was diagnosed with autism. The mother believed this new diagnosis justified changes to the parenting plan and child-support order.
She filed a petition asking the court to:
- Increase child support;
- Grant her ultimate decision-making authority for the child’s medical care; and
- Restrict the father’s timesharing schedule.
The father filed a response and requested modifications of his own. The trial court held an evidentiary hearing. Both sides presented testimony and evidence.
After hearing the evidence, the court denied both modification requests. It required the father to complete a home safety inspection and recommended that he take online educational classes on autism awareness. The mother then filed a motion for rehearing, claiming the order lacked factual findings. The court denied that motion.
A Tampa divorce lawyer would view this as a classic example of a modification case where both sides face a steep burden to show substantial change and the best interests of the child.
2. The Issue on Appeal
On appeal, the mother argued that the order should be reversed because it contained no factual findings. She relied on section 61.13(2)(c)1 of the Florida Statutes, which requires courts to make written findings when creating or modifying a parenting plan.
The appellate court, however, noted that the trial court denied modification. The statutory requirement applies only when a court affirmatively changes time-sharing or child-support arrangements, not when it leaves them in place.
The Fifth District therefore held that the trial court was not required to issue written findings. Because the mother did not provide a transcript of the hearing, the appellate court presumed the trial court’s ruling was supported by evidence and affirmed.
For a Tampa divorce lawyer, this ruling reinforces a key appellate principle: if no transcript exists, appellate courts must presume the trial judge ruled correctly.
3. Understanding the Standard for Modification
To modify child support or a parenting plan in Florida, the moving parent must show a substantial, material, and unanticipated change in circumstances since the final judgment. The change must be significant enough to justify altering prior court orders.
The parent must also prove that modification serves the best interests of the child. Both elements must be proven by competent, substantial evidence.
In Squires, the mother argued that the child’s autism diagnosis satisfied this standard. But the record before the appellate court contained no transcripts or detailed findings, making it impossible to determine how the trial judge evaluated the evidence.
The appellate court emphasized that modification rulings come “clothed in a presumption of correctness.” Unless clear error appears in the record, the ruling stands.
A Tampa divorce lawyer can help parents gather detailed medical, educational, and financial evidence before seeking modification so that the record supports any future appeal if necessary.
4. Why the Lack of Written Findings Was Not Reversible Error
Section 61.13 requires written findings when a court creates or modifies a parenting plan, not when it declines to do so. The distinction matters. Denying modification keeps the existing arrangement intact; therefore, there is nothing new to explain through written findings.
The appellate court reasoned that if the Legislature intended to require findings in denials, it would have said so explicitly. Other statutes, such as those governing deviations from child-support guidelines, contain similar language. The plain text of section 61.13 does not.
A Tampa divorce lawyer understands that the absence of written findings does not automatically mean a trial court erred. The burden remains on the party appealing to show abuse of discretion.
5. The Importance of Providing a Complete Record
One of the most significant lessons from Squires involves appellate procedure. The mother failed to include transcripts from the evidentiary hearing. Without them, the appellate court could not review what evidence supported or contradicted the trial court’s decision.
Under Applegate v. Barnett Bank of Tallahassee (Fla. 1979), an appellate court must presume the trial court’s ruling was correct if the record is incomplete. That principle controlled this case.
A Tampa divorce lawyer advises clients to obtain and preserve transcripts of every evidentiary hearing. Without a complete record, appellate review becomes nearly impossible.
6. The Role of Deference in Family Law Appeals
Florida appellate courts give trial judges wide discretion in family law. Trial judges observe the parties, evaluate credibility, and hear live testimony. Appellate judges review only the written record.
The Fifth District reiterated this deferential approach. Unless the record demonstrates a clear abuse of discretion or lack of evidence, the appellate court will affirm.
For parents, this means that modification requests succeed or fail based largely on what happens at the hearing itself. A well-prepared presentation before the trial judge matters far more than any later appeal.
A Tampa divorce lawyer ensures that clients present complete, credible, and organized evidence during the initial hearing to avoid unfavorable outcomes.
7. The Child’s Autism Diagnosis and the Burden of Proof
Although the appellate opinion does not detail the evidence, the child’s autism diagnosis formed the mother’s central argument. She claimed the condition required increased financial support and adjustments to the parenting plan.
However, a diagnosis alone does not automatically constitute a substantial, material change. The parent must show that the condition significantly alters the child’s needs or the parents’ ability to meet them.
Evidence might include therapy costs, specialized education, or scheduling demands that require a new timesharing arrangement. Without a record showing these details, the appellate court could not find error.
A Tampa divorce lawyer can help parents document how a child’s medical or developmental diagnosis affects daily care and finances, building the factual foundation needed for modification.
8. Statutory Requirements for Written Findings
Florida law requires written findings in two main situations:
- When a court creates or modifies a time-sharing schedule under section 61.13(2)(c)1;
- When a court orders child support that deviates substantially from guideline amounts under section 61.30(1)(a).
The Squires decision clarifies that these requirements do not apply to denials of modification. Trial courts must issue detailed findings when they make changes but not when they preserve existing orders.
A Tampa divorce lawyer understands that clarity in the statutory text governs appellate outcomes. Knowing when findings are mandatory helps structure petitions and appeals effectively.
9. Why the Court Required Competent, Substantial Evidence
The appellate court applied Florida’s standard of review: competent, substantial evidence must support the trial court’s findings. That evidence must be reliable, admissible, and adequate to sustain the ruling.
Because no transcript existed, the appellate court assumed the trial court had such evidence. It could not reweigh credibility or testimony.
A Tampa divorce lawyer can explain that appellate courts defer heavily to trial judges’ factual determinations, which is why presenting strong, organized evidence at trial is crucial.
10. The Court’s Limited Modifications and Their Meaning
The trial court did impose certain requirements on the father:
- A home safety inspection; and
- Completion of online educational classes about autism.
Although the mother appealed, the appellate court noted she could not challenge these provisions because they aligned with the relief she requested. Appellate rules prohibit challenging favorable outcomes.
A Tampa divorce lawyer recognizes this procedural limitation and focuses appellate challenges only on genuinely adverse rulings.
11. How This Case Affects Future Modification Requests
The Squires ruling reaffirms several guiding principles for future modification petitions:
- The burden of proof remains high.
- Written findings are required only when modifications are granted, not when denied.
- Appellate courts presume trial judges act correctly unless the record proves otherwise.
For Tampa parents seeking modification, the case highlights the importance of preparation and documentation. A Tampa divorce lawyer helps clients gather evidence, preserve transcripts, and present a clear record of changed circumstances.
12. The Lessons for Family-Law Litigants
Parents seeking modification must remember:
- Substantial change means more than new information or a shift in preference.
- The change must affect the child’s welfare materially.
- The moving party bears the full burden of proof.
- Appeals require a complete record, including transcripts.
A Tampa divorce lawyer ensures that all procedural and evidentiary requirements are met before filing a petition to modify.
13. The Practical Impact for Florida Families
This decision may disappoint parents who expect automatic relief when new medical conditions arise. Courts remain cautious about reopening settled parenting plans. Stability for the child often outweighs changes unless the evidence shows significant need.
For children with autism or other special needs, success depends on detailed documentation: therapy records, financial statements, educational plans, and expert testimony.
A Tampa divorce lawyer can help assemble this evidence, ensuring that any modification request meets statutory and evidentiary standards.
14. How Trial Courts Balance Stability and Flexibility
Family courts must balance two priorities: maintaining stable routines for children and responding to genuine changes in circumstances. The Squires court’s refusal to disturb the existing plan reflects this balance.
Judges favor continuity unless compelling proof shows that a change better serves the child’s best interests. That preference for stability informs nearly all modification rulings in Florida.
A Tampa divorce lawyer prepares clients for this reality by setting realistic expectations and focusing on objective evidence.
15. Preparing for a Modification Hearing
Parents considering modification should follow these steps:
- Collect medical, financial, and educational documentation.
- Track therapy costs and changes in the child’s routine.
- Maintain a journal of parenting exchanges or scheduling difficulties.
- Consult experts when necessary.
- Retain an experienced Tampa divorce lawyer to organize and present the evidence effectively.
Preparation determines outcome. Without detailed, credible evidence, even sincere modification requests may fail.
16. The Broader Message from Squires v. Squires
The Fifth District’s opinion reinforces judicial restraint. It reminds trial courts that denial of modification requires no written explanation unless statutes demand one. It also emphasizes that appellate review cannot substitute speculation for evidence.
This approach ensures predictability and respects trial judges’ discretion in family matters.
A Tampa divorce lawyer uses this case to counsel clients on how courts weigh stability, procedure, and proof in family disputes.
17. The Role of Evidence in Autism-Related Parenting Disputes
When a child is diagnosed with autism, parenting dynamics often change. Yet courts require more than diagnosis. They require proof that new needs justify altering custody or financial obligations.
That proof may involve expert evaluations, behavioral plans, or cost analyses. Without it, modification petitions rarely succeed.
A Tampa divorce lawyer helps families translate medical realities into legally persuasive evidence.
18. Appellate Strategy Lessons from Squires
Appellate courts cannot correct trial-court errors without a complete record. Future appellants should:
- Ensure all hearings are transcribed.
- Include original judgments and relevant motions.
- Frame appellate arguments around preserved issues.
A Tampa divorce lawyer experienced in appeals ensures that procedural safeguards are met before filing.
19. How This Decision Promotes Judicial Efficiency
By limiting written findings to granted modifications, Squires avoids unnecessary appellate delays. Requiring findings for every denial would burden courts and slow resolutions. The ruling supports efficiency while maintaining fairness.
A Tampa divorce lawyer benefits from this clarity, knowing exactly when detailed findings are required.
20. The Takeaway for Tampa Families
- Squires v. Squires * reinforces key truths about Florida family law:
- Written findings are not required when modification is denied.
- Appellate courts presume trial courts act correctly absent transcripts.
- Parents seeking modification must show a substantial, material, unanticipated change that serves the child’s best interests.
For families navigating post-divorce adjustments, preparation and evidence matter more than arguments alone. A Tampa divorce lawyer can help gather the proof and ensure the court sees the complete picture.
Frequently Asked Questions
1. What did the appellate court decide in Squires v. Squires?
The court affirmed the trial court’s denial of the mother’s petition to modify child support and parenting arrangements, finding no legal error.
2. Why did the mother seek modification?
She wanted increased child support and greater decision-making authority after her child was diagnosed with autism.
3. Why did the court deny her request?
The court found insufficient evidence to justify modification. The appellate record did not show error or lack of evidence supporting that conclusion.
4. Was the trial court required to make written findings?
No. Florida law requires written findings only when a court creates or modifies a parenting plan, not when it denies a modification request.
5. What does “competent, substantial evidence” mean?
It means credible and reliable evidence sufficient to support the trial court’s ruling.
6. How does the absence of transcripts affect appeals?
Without transcripts, appellate courts presume the trial court ruled correctly and will affirm.
7. Does a diagnosis of autism automatically justify modification?
No. The parent must prove the diagnosis materially changes the child’s needs or circumstances.
8. What evidence supports modification?
Financial records, medical documentation, expert testimony, and proof of new expenses or care requirements.
9. Can a parent challenge favorable conditions imposed on the other parent?
No. A party cannot appeal relief that aligns with their own requests.
10. How can a Tampa parent prepare for a modification case?
By working with a Tampa divorce lawyer to compile comprehensive documentation, preserve hearing transcripts, and present a detailed case showing substantial, material change.
If your child’s needs or circumstances have changed, consult an experienced Tampa divorce lawyer. Careful preparation and clear evidence can help you seek modification that truly serves your child’s best interests while ensuring your case meets Florida’s demanding legal standards.