Parenting Plans Must Be Supported By Proper Findings

When making decisions regarding child custody in Florida, judges are required to conduct a comprehensive review of the best interests of the child in determining a suitable course of action for both parties to follow. This process is guided under section 61.13 of the Florida Statutes, where the court has to consider various factors while making decisions concerning the responsibilities of each parent and time sharing. In this article, the Tampa, FL, family lawyers at Faulkner Law Group, PLLC, will discuss a real Florida family law case that highlights the importance of evidence in determining time sharing and parental responsibility in Florida custody cases. 

Background of the case 

The aforementioned case resulted from a conflict between two parents concerning the raising of their underage child. In accordance with the family court hearing, the trial court has an obligation to determine and define the parenting plan and parental responsibility, and to set the time-sharing schedule between the parents.

Parenting plans contain several provisions, such as the division of decision-making powers of the parents, and communication between the parents related to the child’s interests. All of these aspects contribute to maintaining stability and structure for the child.

In the aforementioned case, the trial court passed its final order in relation to custody and provided the parenting agreement for both parties. Unfortunately, there were only a few findings concerning why this agreement was considered to be in the child’s best interests.

In turn, one of the parents filed an appeal on the grounds that the trial court failed to evaluate the relevant statutory criteria when issuing the order. 

The appeal 

The Third District Court of Appeal evaluated the order of the lower court regarding custody and parenting plans with regard to the statutory standards in Florida.

In particular, the appellate court referred to section 61.13, which establishes the necessity for a number of factors to be taken into account by trial courts when evaluating the best interests of a child.

Such factors include the ability of both parents to help the child maintain contact with the other parent, the quality of each parent’s home environment, their moral fitness, as well as their capacity to meet the child’s development requirements.

Due to the great significance of these issues, trial courts cannot just provide an outcome without demonstrating how they came to that conclusion. In other words, there is a need to make a number of findings to indicate that all required factors were taken into consideration while making the decision on custody and parenting plans.

In this case, the appellate court concluded that the order was vague since it did not have the necessary findings. Therefore, the order made by the lower court was reversed and sent back to the trial court for reconsideration. 

Talk to a Tampa, FL, Family Law Attorney Today 

Faulkner Law Group, PLLC, represents the interests of Tampa parents in custody disputes. Call our office Tampa family lawyers to schedule an appointment, and we can begin discussing your case right away.

Source:

caselaw.findlaw.com/court/fl-district-court-of-appeal/117339211.html