Smith Family Law Update: Week of March 6, 2017
Henson v. Henson: 1st DCA, March 7, 2017:
Trial court erred in not conforming rulings in the final judgment to the evidence and its oral pronouncements at trial. However, when trial court indicated that it would take father’s proposed timesharing schedule into consideration, but then failed to mention it in the final judgment there was no error as trial court’s remark that it would take it into consideration was not a pronouncement.
McClure v. Beck: 4th DCA, March 8, 2017:
Trial court erred in giving father ultimate decision making authority for the children but not defining the “specific aspects of the child’s welfare” over which father shall have ultimate responsibility. Giving the primary residential parent unlimited decision making authority over all matters regarding the children is incompatible with shared parental responsibility.
Gonzalez v. Hewitt: 5th DCA, March 10, 2017:
Trial court erred in denying mother’s motion to set aside default judgment in paternity case without an evidentiary hearing regarding her allegations of excusable neglect. Further, the trial court erred in failing to make appropriate findings regarding the best interest of the child pursuant to Florida Statutes 61.13(3) and by failing to include an explanation of the method by which mother can establish timesharing with the child.
J.S. V. DCF: 5th DCA, March 7, 2017:
Trial court erred in terminating parental rights (as conceded by DCF) as evidence supporting termination was not legally sufficient. Only basis for termination was mother’s failure to substantially comply with the case plan (which was the result of the children being exposed to domestic violence of mother’s boyfriend on mother and mother testing positive for controlled substances. Th plan included drug testing and substance abuse counseling).
Posted by Roy Smith on Mar 10th 2017
