Posted by Nydia Streets of Streets Law in Florida Child Custody

Parents who cannot get along usually find themselves in court repeatedly after a final judgment is entered in a Florida child custody case. As always, the court must sort through the parties’ disagreements to arrive at decisions which are in the best interest of the children involved. Sometimes this involves referring the children to therapeutic services. This was an issue in the case Logreira v. Logreira, 3D21-0915 (Fla. 3d DCA September 21, 2022).

The parties found themselves back in court to modify their parenting plan after their divorce. The former wife was accused of alienating the children from the former husband. As a result, the court entered an order referring the family to a therapeutic program to address alienation. This involved forced separation of the former wife from the children for an indefinite period of time. The former wife appealed, arguing the modification of the parenting plan to allow for this was not in the best interest of the children, and that the former husband had not demonstrated an unanticipated, substantial change in circumstances.

The appellate court noted “[T]he mother presents a compelling argument that the evidence established the current circumstances were anticipated due to the historical family dynamic, and the parents’ increased animosity and inability to communicate do not constitute legally sufficient grounds to justify a modification.” The court further noted “In determining best interests, section 61.13, Florida Statutes, requires the trial court to evaluate all relevant factors, twenty of which are statutorily enumerated, bearing on the welfare of the child. The statute is devoid of any express requirement that the trial court engage in an individualized discussion of each of the enumerated factors. However, several of our sister courts have determined that the failure to engage in any best interests analysis whatsoever renders a custody order legally insufficient.”

The court ultimately concluded there was no evidence in the record to support the proposition that the children’s participation in the therapeutic program was in their best interest. The court gave weight to the testimony of a doctor who opined it would be detrimental to the children to be separated from their mother. The decision was therefore reversed.

Schedule your meeting with a Miami family law attorney to understand how the law may apply to the facts of your case.