Posted by Nydia Streets of Streets Law in Florida Child Custody
When creating a parenting plan in Florida, a trial court is required to make certain findings of fact under Fla. Stat. 61.13. Are these findings also required in ruling on a petition to modify a parenting plan? This was an issue in the case Squires v. Squires, 5D2024-2465 (Fla. 5th DCA June 20, 2025).
The parties were divorced by final judgment. Later the former wife moved to modify the parenting plan based on the parties’ child being diagnosed with autism. The former husband also filed a competing petition for modification. After a hearing, the court denied both petitions, but required the former husband to submit to a home safety plan and recommended courses on autism. The former wife moved for rehearing, citing the final judgment’s lack of findings.
The appellate court affirmed, holding “A court must ‘make specific written findings of fact when creating or modifying a time-sharing schedule.’ § 61.13(2)(c)1., Fla. Stat. (2024). Likewise, written findings are required when the court orders child support that deviates more than a specified amount from the child support guidelines. Id. § 61.30(1)(a). However, the plain text of these statutes does not include a written findings requirement when a court merely denies a petition to modify child support or timesharing.”
The court concluded “The trial court denied Former Wife’s petition and was thus not required to make written findings. Given the deferential standard of review and the limited record on appeal, we cannot assume the trial court’s decision was unsupported by competent, substantial evidence. [. . .] Therefore, because Former Wife has not met her burden of showing error, we affirm.”
Schedule your meeting with a Miami family law attorney to determine the next best steps in your case.