Posted by Nydia Streets of Streets Law in Florida Child Custody
A final judgment establishing child custody in Florida must comport with Fla. Stat. 61.13 as it relates to consideration of the best interest of the child. When a transcript of a trial in these cases is not provided, and the case is appealed, the appellate court is limited to reviewing errors apparent on the face of the judgment, including a lack of required findings. This was an issue in the case Salazar v. Blanco, 3D24-1588 (Fla. 3d DCA June 4, 2025).
The parties proceeded pro se before the trial court. The mother requested supervised visits and therapy between the parties’ child and the father because she alleged the child did not know the father due to the father’s absence from the child’s life. A trial was held, but no court reporter was present. The court awarded shared parental responsibility and equal time-sharing, but many required provisions of a Florida parenting plan were missing. The appellate opinion notes “The trial court did not define holidays. The trial court ordered that the minor child would spend the Mother’s birthday with the Mother and the Father’s birthday with the Father but did not specify anything regarding the child’s birthday. The Final Judgment does not address which parent will be responsible for health care and school-related matters, as well as the address to be used for school- boundary determination and registration, and other activities. The Final Judgment also omits how the parties would be financially responsible for extracurricular activities, summer camp, tutoring, and before/after school care and omits travel provisions.” Additionally, the parenting plan did not odd/even years for holiday time-sharing.
The mother was ordered to pay child support to the father in the judgment. The mother appealed. While noting the mother did not provide a transcript of the trial, the appellate court determined errors were apparent on the face of the judgment. The court held “Although section 61.13(3) does not require written findings justifying a custody award, the record must at a minimum demonstrate that section 61.13 factors were considered in making the award. [. . .] In the case before us, neither the Final Judgment nor anything in the record indicates the factors the trial court considered in this case in determining the minor child’s best interests.” The court also found it was error to award the father child support during periods the mother had custody of the child. The case was reversed and remanded.
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