In a Florida child custody case, the court’s driving concern is what is in the best interest of the child that is the subject of the suit. The court will look at numerous factors to determine what custody arrangement will best benefit the child’s welfare and well-being. The courts generally are not permitted to analyze factors on a prospective basis, but there are some exceptions, as discussed by a recent Florida opinion issued in a custody matter in which the father appealed the trial court ruling. If you need assistance protecting your parental rights, it is advisable to confer with a Miami child custody lawyer regarding your options.
History of the Case
It is reported that the mother and the father were parties to a custody action to determine parental rights with regard to their minor child. The trial court issued a judgment determining timesharing and parental rights. The judgment also permitted the mother to relocate to another city in Florida with the minor child when the child began attending school and allowed for a modification of time-sharing rights due to the relocation.
Allegedly, the father appealed, arguing that the trial court erred in issuing a judgment that allowed for an automatic modification of timesharing rights in the future, as it relied on a prospective-based analysis, which Florida law prohibits. Continue reading ›