Posted by Nydia Streets of Streets Law in Florida Child Custody
It is not unusual for a judge to request both parties to submit their proposed final judgment after a hearing. Each party thus has the opportunity to insert in the order the findings and conclusions of law the party feels supports his or her position in the case. Of course, said findings and conclusions should be limited to what was actually presented at the hearing. In the case Trainor v. Cisneros, 3D18-921 (Fla. 3d DCA June 12, 2019), the former wife appealed a final judgment prepared by the former husband and adopted by the court.
The parties filed petitions to modify timesharing and child support. After a hearing, the parties submitted their respective versions of the final judgment. The court entered the judgment submitted by the former husband. The former wife filed a motion for rehearing which was denied and the former wife appealed. On appeal, the case was reviewed for an abuse of discretion.
In upholding the trial court’s decision, the appellate court noted “The Former Wife's principal point on appeal contends that the trial court erred by adopting the form of order proposed by the Former Husband. [. . .] The present case is readily distinguishable, however, as both sides submitted proposed orders, and the trial court made significant additions and deletions to the Former Husband's proposed order. In addition, our independent review of the extensive record in the case, including the petitions, transcripts, guardian ad litem reports, and child support guidelines worksheets, does not disclose any abuse of discretion or deviation from the requirements of the applicable statutes.”
It is notable that the former wife proceeded without a lawyer while the former husband had a lawyer representing him. Your Florida family law case may benefit from a review by a Miami child custody lawyer. Set a consultation to determine your best path in moving forward.