How Florida Courts Handle Contested Child Custody Disputes

Cases involving contested child custody are some of the most complex for family courts in Florida. If the parents cannot agree on custody, decision-making, or parenting time, the court has no choice but to make a decision on the child’s behalf. There was an appellate case in Florida that has been cited frequently concerning custody battles. The case helped establish procedures for making these determinations. In this article, we’ll discuss the case.

Background of the case 

In this case, the disagreement was between parents who were unable to agree on the issue of child custody and timesharing after their breakup. Both parents thought that they were better equipped to handle the role of parenting and were concerned that the other parent did not have the capacity to handle the needs of the child. There is always an issue of daily care and stability when it comes to matters of child custody.

The trial court had heard evidence, considered, and entered an order regarding child custody. However, one of the parents was upset with the order and filed an appeal challenging it. They claimed that the trial court had erred in entering the order.

The appeal 

The issue before the appeals court was not only whether the appellate judges themselves would reach the same result, but rather, the issue centered on whether the lower court adhered to the applicable legal standard and whether there was a basis for the decision founded on competent evidence.

The appellate court also highlighted an important tenet of Florida family law. Trial judges enjoy wide discretion when it comes to deciding custody issues. This is because the trial judge directly sees witnesses and the litigants. An appellate court would not offer a second opinion or weigh evidence differently because one parent does not agree with the trial court decision. There has to be a mistake in the record.

In this case, the appellate court determined that the trial court used the relevant legal standard and reached a verdict based on the evidence during the trial. Since the trial court followed the law and found supporting evidence for the verdict, the appellate court refused to overturn the custody decision.

Key takeaways from the case 

This case illustrates a number of key points that are still followed to this day when the issue of contested child custody arises.

Firstly, any custody arrangement is based on the best interests of the child. The judge has the duty to consider what is ultimately in the best interests of the child and not what the parents feel.

Second, the role of discretion in the lower court is significant. If the judge takes into account the relevant factors and gives a reason for the ruling, then this ruling is unlikely to be overturned on appeal.

Lastly, appeals are selective. A custody decree cannot be reversed on appeal just because a different result is possible. To reverse a custody decision on appeal, a parent must demonstrate that an improper application of the law occurred or that a basis for the determination was lacking.

Talk to an Orlando, FL, Child Custody Attorney Today 

Greater Orlando Family Law represents the interests of parents in custody disputes with their co-parents. Call our Orlando family lawyers today to schedule an appointment, and we can begin discussing your next steps right away.

Source:

casemine.com/judgement/us/5914bacaadd7b04934793068