Posted by Nydia Streets of Streets Law in Florida Child Custody
In the case Olivas v. Morales, 3D25-0234 (Fla. 3d DCA September 17, 2025), we again see the importance of having a transcript of your Florida child custody case hearing prepared. The father in this case appealed a final judgment of paternity in which he disagreed with the trial court’s summer time-sharing schedule.
Specifically, the father contended that the trial court erred by not granting him exclusive summer time-sharing. The appellate court affirmed, holding “However, the record on appeal does not include a transcript of the final hearing upon which the trial court based its factual findings and, ultimately, its final judgment. This failure is fatal to Oliva’s claim on appeal. See Applegate v. Barnett Bank of Tallahassee, 377 So. 2d 1150, 1152 (Fla. 1979) (‘When there are issues of fact the appellant necessarily asks the reviewing court to draw conclusions about the evidence. Without a record of the trial proceedings, the appellate court can not properly resolve the underlying factual issues so as to conclude that the trial court's judgment is not supported by the evidence or by an alternative theory. Without knowing the factual context, neither can an appellate court reasonably conclude that the trial judge so misconceived the law as to require reversal.’) [. . .].”
Schedule your consultation with a Miami family law attorney to determine the next best steps in your case.