Posted by Nydia Streets of Streets Law in Florida Child Custody
When a final judgment that orders a timesharing schedule fails to make findings regarding the best interest of a child, it may be reversed. This was an issue in the case Tucker v. Adams, 5D2025-0937 (Fla. 5th DCA October 3, 2025).
The father in this paternity case appealed a final judgment, arguing it lacked evidentiary support, awarded remedies not sought by the mother, and failed to make required findings. The father failed to provide a transcript of the trial proceedings, so as to his first argument, the appellate court declined to disturb the judgment. Regarding the father’s second argument, the appellate court noted the parties entered a pretrial stipulation in which they both requested that the court decide timesharing and child support, so this argument was waived.
However, as to the third argument about the lack of findings, the appellate court found merit. The court held:
Unless the parties agree to a timesharing schedule, the court must evaluate all the statutory best interest factors and make specific written findings of fact. § 61.13(2)(c)1., Fla. Stat. (2024). Here, the court erred by creating a timesharing schedule without making any reference to the best interest factors.
In addition, when setting child support, a court must calculate the parties’ net incomes under section 61.30 and include those findings in the judgment. Keck, 414 So. 3d at 398 (quoting Hindle v. Fuith, 33 So. 3d 782, 786 (Fla. 5th DCA 2010)). The court did not do so here, nor did it approve a child support guidelines worksheet. See id. (explaining that a judgment must indicate that the court approved a worksheet in the record).
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