Posted by Nydia Streets of Streets Law in Florida Child Custody
Therapists and guardians ad litem can be appointed in Florida child custody cases to assist the court in determining what is in the best interest of a child. However, there is a fine line between taking recommendations from these professionals and allowing them to determine when or how time-sharing should occur, for example. This was an issue in the case Barrack v. Barrack, 4D21-536 (Fla. 4th DCA June 30, 2021).
In the parties’ final judgment of divorce, they were awarded equal time-sharing with their children and shared parental responsibility. Issues arose later, and a guardian ad litem was appointed. The parties and the children were required to participate in therapy and psychological evaluations. The parties filed various motions for enforcement, modification and contempt. After a hearing, the court suspended the former husband’s time-sharing and decision-making authority and stated it would consider the former husband’s motion to resume time-sharing “[o]nce the reunification therapy, individual therapy and any residential program that Mother identifies are completed, and the individual therapist selected by Mother makes a recommendation of this Court.” The former husband appealed, arguing this was an impermissible delegation of authority to the former wife and therapists regarding his time-sharing.
The appellate court agreed with the former husband and reversed the order, holding “Although the trial court’s order stated that it would consider former husband’s motion, the timing of former husband’s resumed timesharing was in the hands of former wife and her selected therapists. Thus, we opine that this portion of the order impermissibly delegated to the former wife and therapists the trial court’s authority to reestablish former husband’s parenting time.”
To understand how a modification petition may play out in your Florida child custody case, schedule a consultation with a Miami child custody lawyer.