Posted by Nydia Streets of Streets Law in Florida Child Custody
When a parent’s child custody rights are at stake in a Florida family law case, that parent must be given proper notice of this. This legal principle is illustrated in the case Foreman v. James, 3D19-1802 (Fla. 3d DCA May 6, 2020).
At a hearing noticed as a case management conference, the trial court modified the parties’ child custody order for a period of 94 days. Usually, if a parent wants to change the time-sharing provisions of a parenting plan, that parent must file an appropriate motion and give notice of a hearing on that motion to the other parent. If a court intends to permanently modify a Florida parenting plan, the court usually may only do so if a parent files a petition for modification. The mother appealed the trial court’s order, arguing it was improper for the court to modify the child custody provisions of the parties’ parenting plan without the father filing an appropriate motion or petition to do so, and it being set for hearing with the mother being given notice of the same.
The appellate court agreed with the mother and reversed the trial court’s order. The appellate court held “Proper notice did not precede the August 13, 2019 hearing that resulted in the trial court order, and therefore, the August 13, 2019 hearing did not comport with due process requirements. [citation omitted]. The transcript of the hearing below also reveals that the petitioner did not have a meaningful opportunity to be heard.”
To protect your rights in your case, schedule a consultation with a Miami family law attorney to understand the procedural requirements applicable to your matter.