Contested Custody And The Best Interests Of The Child Standard

Under Florida law, custody disputes are subject to one overriding standard that guides all court decisions. That is the best interests of the child. Trial courts have broad discretion in creating parenting plans, but their discretion is not without limits. When relevant statutory considerations are ignored or even insufficiently addressed, appellate courts will review custody decisions and overturn them if necessary. A recent decision by the Fourth District Court of Appeal in Florida demonstrates the way in which custody disputes can fall apart when domestic violence is not sufficiently factored into the decision-making process. 

Background of the case 

This case stemmed from a dissolution of marriage proceeding in which there were two minor children. Both parents requested extensive timesharing and parental responsibility. The trial court adopted one parent’s proposed parenting plan, providing both parents with timesharing and parental responsibility.

However, the record reflected evidence regarding a prior domestic battery conviction against one party. Nevertheless, the final judgment and parenting plan failed to address how this affected the trial court’s determination in rendering a custody decision. The opposing party objected to this, arguing that in Florida, there are explicit rules regarding domestic battery in custody cases.

In this case, the aggrieved party appealed the final judgment after it was entered, stating that the trial court had failed to properly apply Florida law in contested custody cases. 

The appeal 

The Fourth District Court of Appeal was focused squarely on the trial court’s handling of the domestic violence evidence when it reviewed the case. As mentioned earlier, Florida law is quite specific when it comes to handling domestic violence evidence. When there is a finding of domestic violence, the court must specifically address the issue of its impact on the children’s best interests.

The Fourth District Court of Appeal found that the trial court erred by granting shared parental responsibility and equal timesharing without addressing the issue of domestic battery conviction in its analysis. As mentioned earlier, domestic violence plays a significant role in the determination of whether a parent should have shared responsibility for decision-making or timesharing without supervision. Therefore, the fact that there was no finding by the trial court doomed the parenting plan.

The Fourth DCA reversed the parenting plan in its entirety and remanded the case for further proceedings. The trial court was required to address the issue of custody and timesharing in light of domestic violence evidence and guided by the best interest factors. 

Talk to a Tampa, FL, Child Custody Attorney Today 

Faulkner Law Group, PLLC, represents the interests of parents who are in a custody dispute with a former partner. Call our Tampa family lawyers today to schedule an appointment, and we can begin preparing your arguments right away.

Source:

caselaw.findlaw.com/court/fl-district-court-of-appeal/117499171.html