Modification of Child Custody and Visitation – Dismissal in Florida A trial court should not dismiss a modification case after opening statement. “Tomasita Crowell, the former wife, appeals from an order dismissing her supplemental petition for modification that was entered at the conclusion of opening statements. We reverse. The former wife's petition alleged sufficient grounds to support a modifi cation as to child support, time-sharing schedule, and parental responsibility for decisions regarding the minor child's healthcare. Therefore she should have been afforded the opportunity to try to prove her case.” Crowell v. Crowell