Posted by Nydia Streets of Streets Law in Florida Child Custody

“What happens if I don’t show up to trial in my Florida family law case?” is a question asked in some cases. The consequences of failing to participate in your own trial may be irreversible and detrimental to you. Not showing up means the judge will not hear your full side of the story. This was an issue in the case Pimienta v. Rosenfeld, 3D20-606 (Fla. 3d DCA May 4, 2022).

The parties were involved in a paternity lawsuit in which the father apparently sought majority time-sharing with the parties’ child. The mother requested a continuance of trial 14 days prior to the trial date, citing the need for a psychological report. The court denied the request, and proceeded with a three-day trial. The mother voluntarily chose not to attend the trial. The guardian ad litem appointed to the case recommended that the father have 100% timesharing with the parties’ child, and the court agreed, entering a final judgment of paternity granting this relief. The mother appealed.

The appellate court found no error in the judge’s decision. It held “Fourteen days before trial, the mother moved for a continuance based upon the fact a psychological report had yet to be completed. We find no abuse of discretion in the trial court’s denial of the mother’s motion for continuance, even in light of the withdrawal of the mother’s tenth attorney shortly before trial, as our review of the record shows that the delay in completing the report was solely attributable to the mother.”

Talk to a Miami child custody lawyer about your case so that you understand how the law may apply to your unique circumstances.