Posted by Nydia Streets of Streets Law in Florida Child Custody
How much notice must be given to a party before he or she is required to undergo drug testing in a Florida child custody case? Due process requires that a party be given adequate advance notice of a hearing and an opportunity to prepare. In the case Lopez v. Frometa, 3D21-911 (Fla. 3d DCA June 2, 2021), at issue was an order entered at a hearing after the parties were given a little over one-hour of notice that the hearing was to occur.
Although the parties initially filed their divorce case as uncontested, they soon reached a disagreement. The husband filed an emergency motion requesting that the wife submit to hair follicle drug testing and that her time-sharing be suspended. Almost two hours after the court received the husband’s emergency motion, it issued a notice of hearing showing the hearing would be held by Zoom a little over one hour later. Both parties appeared at the hearing and the court issued an order altering the parties’ time-sharing and ordering both parties to submit to drug testing. The wife appealed.
The appellate court held “We conclude that the trial court’s sudden scheduling of the hearing – i.e., a mere three hours after [the husband’s] filing of the motion – and its giving [the wife] a little over an hour’s notice of the hearing resulted in a deprivation of due process.” The order was therefore quashed.
If you need help navigating your rights in a Florida family law case, schedule a consultation with a Miami child custody lawyer.