In Florida, the modification of a timesharing agreement requires proof of a substantial and unanticipated change in circumstances that affects the best interests of the child. Once such findings are made by the trial court after an evidentiary hearing, appellate review is significantly constrained, especially when the record on appeal is incomplete. A recent case decided by a Florida court highlights the critical importance of an adequate appellate record when challenging a timesharing judgment. If you have questions about how you can protect your parental rights, it is wise to confer with a Miami child custody lawyer at your earliest convenience.
History of the Case
It is reported that the trial court modified the parties’ existing timesharing agreement following a bench trial, granting the defendant a revised custodial arrangement based on her allegations of a substantial change in circumstances. It is alleged that the defendant presented evidence of the plaintiff’s instability, a history of violent outbursts, and a failure to meet the educational needs of the minor child. Specific examples reportedly included repeated failures to assist with homework and a refusal to comply with the child’s school-mandated summer school program.
It is further reported that the plaintiff appealed the trial court’s judgment, asserting several procedural and factual objections. He claimed that he was denied a meaningful opportunity to be heard, that the legal standard for a substantial change was not met, and that the final order relied on inaccurate factual representations, which he alleged amounted to perjury by the defendant.
It is also alleged that the plaintiff requested clarification of a specific paragraph in the final judgment concerning the child’s summer school schedule. However, he had not sought clarification from the trial court, nor had he raised the issue in a motion for rehearing. The appellate court declined to interpret or clarify the language of the final judgment, citing well-established precedent that Florida’s appellate courts do not issue advisory opinions and that such issues must be first raised in the trial court.
Impact of Procedural Errors on Family Law Cases
On appeal, the court affirmed the trial court’s judgment in full. Central to its decision was the plaintiff’s failure to include a trial transcript or to submit an approved statement of the evidence in accordance with Florida Rule of Appellate Procedure 9.200. The court reiterated that it could not review factual issues or evaluate claims of error without an adequate record.
The court cited Applegate v. Barnett Bank of Tallahassee, 377 So. 2d 1150 (Fla. 1979), for the proposition that appellate courts must affirm trial court rulings when the appellant fails to provide a sufficient record to overcome the presumption of correctness afforded to those rulings. Without a transcript or alternative record, the court explained, it could not assess the evidence presented at trial, the credibility of witnesses, or the legal arguments made. As a result, the court was compelled to presume the trial court’s findings were supported by competent, substantial evidence.
The court further cited Emaminejad v. Ocwen Loan Servicing, LLC, 156 So. 3d 534 (Fla. 3d DCA 2015), and other recent decisions reinforcing the principle that a judgment cannot be reversed in the absence of a record unless it is fundamentally erroneous on its face. No such facial error was identified in the judgment appealed from, and the court therefore affirmed without reaching the substantive merits of the appellant’s claims.
Work with a Skilled Miami Family Law Attorney
Modifications to timesharing arrangements involve complex evidentiary considerations and strict procedural requirements. If you are seeking to modify an existing custody order or defending against one, it is essential to present a strong case at trial and preserve a complete record for appeal. At The Law Offices of Sandy T. Fox, P.A., our Miami family law attorneys are experienced in guiding clients through the modification process while safeguarding their appellate rights. Contact us at 800-596-0579 or reach out online to schedule a confidential consultation.