Fort Lauderdale Divorce Lawyer Blog
While most parents want what is best for their child, they do not always agree with their co-parent as to what is in their child’s best interests, and custody disputes can quickly become contentious. When the courts are asked to resolve custody actions, they are expected to do so based on competent and reliable evidence. As such, if they fail to do so and make their decisions based on speculations, there may be grounds for challenging their decisions, as demonstrated in a recent opinion issued in a Florida custody case. If you are engaged in a custody dispute, it is important to understand the standards for evidence and judicial decision-making, and you should consult a Miami child custody attorney as soon as possible.
Case Setting and History
It is reported that the mother and father were engaged in a paternity and custody dispute involving their young child, who had lived in Florida since infancy. Allegedly, the father sought majority timesharing and proposed relocating the child to Michigan, where he resided. The trial court’s decision to award the father majority timesharing was reportedly based on the assumption that the father’s living conditions and circumstances would improve in the future.
Reportedly, the trial court relied heavily on speculative testimony regarding the father’s potential to establish a stable home environment and financial stability. Additionally, the trial court minimized concerns regarding the father’s substance use and lack of a driver’s license despite contrary evidence presented by the mother. The mother appealed the decision, arguing that the trial court’s reliance on hypothetical improvements and insufficient findings violated the child’s best interests.
Evidence in Child Custody Cases
On review, the court reversed the trial court’s decision, finding that the ruling was based on speculation rather than competent, substantial evidence. The court emphasized that best interest determinations must be grounded in current evidence rather than assumptions about future improvements in a parent’s circumstances. The court noted that the father’s lack of stability, including issues related to substance use and transportation, was not adequately addressed in the trial court’s findings.
The court further highlighted the importance of continuity and stability for the child, noting that the mother had provided a stable home environment in Florida for several years. The speculative nature of the trial court’s findings undermined the reliability of its best-interest determination, warranting a reversal and remand for further proceedings.
Meet with a Skilled Miami Child Custody Attorney
Florida courts tasked with resolving custody disputes are bound by the best interest of the child standard, which requires actual evidence rather than speculation. If you are involved in a disagreement over custody of your child, it is in your best interest to meet with an attorney to discuss your rights. The skilled Miami child custody attorneys at the Law Offices of Sandy T. Fox, P.A., understand what it takes to prevail in custody actions, and if you hire us, we will work tirelessly on your behalf. You can contact us by using our online form or call us at 800-596-0579, or use our online form to set up a meeting to discuss your case.