Under Florida law, courts making timesharing decisions must base their determinations on the child’s best interests, supported by substantial evidence. When a court’s decision relies on speculative or unsupported assumptions, it risks reversal. A recent Florida decision illustrates the need for competent evidence when ordering significant changes to a child’s living arrangement. If you are involved in a custody dispute, it is wise to consult a Miami child custody attorney to ensure your rights are safeguarded.
Case Setting and History
It is reported that the mother and father disputed custody over their daughter, born in 2017, with the mother moving to Florida with the child shortly after birth. Allegedly, in 2021, the father filed for paternity and timesharing rights in Florida, seeking to establish a legal relationship with the child. Reportedly, the mother counterclaimed, seeking sole custody and alleging the father had engaged in abusive behavior, resulting in a domestic violence injunction.
Allegedly, the court initially ordered shared parental responsibility and temporary timesharing, permitting the father visitation during school breaks. The case ultimately proceeded to trial in 2023. It is reported that at trial, witnesses testified to issues related to the father’s alcohol use, lack of a driver’s license, and financial instability. The guardian ad litem recommended that the child remain in Florida with the mother, citing concerns about the father’s ability to serve as the primary caregiver. Nonetheless, the court granted the father majority timesharing in Michigan, contingent on him securing certain improvements in his living situation. Continue reading ›