Fort Lauderdale Divorce Lawyer Blog
In Florida, courts strive to safeguard the best interests of children in custody proceedings. However, those efforts must not violate the fundamental rights of parents. In a recent Florida custody case, a trial court’s attempt to address a dispute over a child’s school enrollment resulted in a significant modification to the parenting plan without proper notice or hearing, prompting the appellate court to reverse the order. If you are involved in a dispute over parental rights, it is essential to retain a Miami family law attorney who can ensure your rights are protected throughout the proceedings.
Case Setting
It is reported that the parties’ marriage was dissolved through a final judgment entered in 2021 that incorporated a marital settlement agreement and parenting plan. The parenting plan required shared parental responsibility and joint decision-making regarding major issues such as education. The plan also specified that the child would attend public kindergarten unless the parties agreed otherwise.
It is alleged that the mother later filed a relocation petition, which the father opposed with a counter-petition seeking sole decision-making authority over the child’s education. In August 2024, the trial court denied both petitions, thereby maintaining the status quo of shared parental responsibility.
It is reported that days later, the father filed an emergency motion asking the court to compel the mother to sign a re-enrollment contract for a private school. During the hearing, the trial court initially stated it could not compel the mother to sign the contract. However, at the father’s attorney’s suggestion, the court issued an amended addendum granting the father ultimate decision-making authority over school enrollment for the 2024-2025 academic year.
It is alleged that the order went further than discussed at the hearing by granting the father authority over all educational matters, including decisions related to school attendance and participation in events, and eliminated the requirement for the mother’s cooperation. Although the order allowed the mother to access the school portal and attend events, it deprived her of any actual decision-making role.
Procedure for Modifying Parental Rights
On appeal, the court concluded that the trial court violated the mother’s due process rights. The court reasoned that the father’s motion did not request sole educational decision-making authority and that the court had previously denied such a request days earlier. Because the mother did not receive notice or an opportunity to contest the broader modification, the resulting order constituted a dramatic and impermissible change to the parenting plan.
The court emphasized that due process in family court includes the right to be heard before substantial modifications are imposed. Citing precedent, the court reiterated that even temporary orders altering parental rights must be based on appropriate notice and a hearing. The court distinguished the order from prior cases that merely required cooperation with enrollment processes, noting that this order removed the mother’s decision-making authority altogether.
In reversing, the court acknowledged the challenges trial judges face in resolving urgent educational disputes but stressed that procedural safeguards must still be followed.
Consult a Skilled Miami Child Custody Attorney
Modifications to parenting plans must be grounded in proper procedure, including notice and opportunity to be heard. If your parental rights have been affected by a court order, timely legal intervention is crucial. The experienced Miami child custody attorneys at The Law Offices of Sandy T. Fox, P.A., understand the importance of due process and will work tirelessly to defend your parental rights. Contact us at 800-596-0579 or reach out online to schedule a confidential consultation.