Posted by Nydia Streets of Streets Law in Florida child custody

What happens when a parent does not show up for a trial in a Florida child custody case? This issue arose in the case Booth v. Hicks, 2D18-4651 (Fla. 2d DCA March 18, 2020) in which the mother appealed a final judgment that granted the father sole parental responsibility and certain timesharing after she failed to appear at the final hearing.

The parties were never married and the father filed a petition to determine paternity. The petition requested that shared parental responsibility be awarded to the parents. It also requested that the child remain with the mother during weekdays and that the father have timesharing on weekends. At the final hearing, the father presented evidence and witnesses to support his petition. The mother did not show up to the final hearing. Based on the mother’s failure to appear, the trial court entered a final judgment granting the father sole parental responsibility and exclusive timesharing.

The mother filed a motion for rehearing, challenging the court’s decision to grant sole parental responsibility and exclusive timesharing to the father. The trial court re-affirmed its ruling, making a specific finding that the parenting plan was ordered based solely on the mother’s failure to appear at the final hearing. The mother appealed.

The appellate court reversed, holding it was error for the court to base these decisions solely on the mother’s failure to appear at the hearing. Additionally, the court held it was a violation of the mother’s due process rights to award relief not requested in the father’s pleadings. The court held “And by extension, ‘[i]t has long been the rule in Florida that child custody should be decided based on the best interests of the children, not based on the default of one of the parents.’ [. . .] Even when a parent fails to appear at a final hearing, the trial court cannot deny the ‘defaulting parent an opportunity to present evidence on issues related to the child.’ [. . .] In this case, the trial court denied both of the Mother's motions for rehearing, thereby denying her the opportunity to present evidence as to the best interests of the child. This was error. [. . .] And not only is a parent's procedural misconduct or default not an appropriate consideration for whether custody with that parent is in the best interests of the child, but ‘[t]he complete cessation of any and all timesharing is a harsh result that is rarely proper.’”

Important rights are at stake in a Florida child custody case. This is why it is important to consult with a Miami child custody lawyer about your case. A consultation can help you understand the best way to proceed in light of the facts of your case.