Posted by Nydia Streets of Streets Law in Florida Child Custody

How do you preserve your right to appeal in a Florida family law case? In most cases, it is necessary to make the appropriate objections on the trial level and to file a motion for rehearing. Failure to do so may mean your appeal is denied. This was discussed in the case Spaulding v. Spaulding, 1D20-168 (Fla. 1st DCA August 23, 2021).

This appellate opinion does not recite factual background in the case, but it is clear there was a minor child involved, as the former husband appealed a final judgment of divorce which in pertinent part granted him supervised time-sharing and granted the former wife sole parental responsibility. The former husband specifically argued that the supervised time-sharing ruling was improper because it did not include steps the former husband could take to gain unsupervised time-sharing and in effect made his time-sharing supervised until the child turned 18. He also argued it was improper for the court to grant the former wife sole parental responsibility without making a finding that shared parental responsibility was detrimental to the child.

As to the supervised time-sharing issue, the appellate court disagreed with the former husband citing a recent Florida Supreme Court case which holds that a court is not required to include steps a parent must follow to regain unsupervised time-sharing. Instead, the parent has the option of filing a petition for modification if there is a substantial change of circumstances in the future. Turning to the issue of parental responsibility, the court held the former husband failed to preserve this argument for appeal because he did not raise this argument in his motion for rehearing with the trial court. The appellate court further held “To the extent that the former husband seeks reversal based on the trial court’s failure to make a specific finding of detriment pursuant to section 61.13(2)(c)2., Florida Statutes, regardless of the lack of preservation, we hold that he waived that claim by failing to argue the error was fundamental on appeal.”

Schedule a consultation with a Miami family law attorney to discuss moving forward in your case.