Posted by Nydia Streets of Streets Law in Florida Child Custody
Inconsistencies in a Florida family law final judgment can leave the parties in a place of uncertainty. This is why it may be important to address inconsistencies through appropriate filings with the court, especially as it relates to the best interest of children. This was an issue in the case Dowers v. Johnson, 4D2024-0493 (Fla. 4th DCA July 31, 2024).
In this paternity case, the father sought a parenting plan in addition to establishment of his paternity. The mother filed an answer which acknowledged the father’s paternity. Both parties lived in Florida at the time these pleadings were filed. Before a final judgment was entered, the mother relocated with the parties’ child out-of-state, and the father filed a motion for pick-up order which was granted. The parties subsequently filed amended pleadings, with the mother requesting relocation and sole parental responsibility. After a trial, a final judgment was entered granting the father’s petition to establish paternity and denying the mother’s petition for relocation. The final judgment stated the child would live with the father in Florida and have a long-distance time-sharing schedule with the mother. It also noted that the child was doing well in school under the father’s care. However, the parenting plan attached to the judgment stated the mother would have time-sharing during all weekdays, and that her Texas address would be used to register the child for school, among other inconsistencies. An appeal was taken.
The appellate court reversed, holding “In this case, the inconsistencies between the final judgment and the parenting plan are even more significant than those in the above cited cases. The final judgment denied the Mother’s petition to relocate with the child to Texas, but the parenting plan provides that the child shall reside in Texas. The final judgment also required the parents to communicate solely by one method, yet the parenting plan allowed for multiple means of communication. These inconsistencies are severe and pervasive enough to warrant reversal, as it is unclear where and with whom the child is supposed to live, and how the parents may communicate. Reversal is required for the trial court to address these inconsistencies and enter an amended final judgment and parenting plan that are consistent.”
Additionally the court held “The Mother sought to offer as new evidence a diagnostic report showing that the child is “well below grade level” in reading and mathematics. The diagnostic report states that the school administers the exam at the beginning, middle and end of each school year, with the subject report showing results from the middle of the year. The child took the exams on December 12 and 13, 2023, a month after the final hearing, and the report was generated on January 24, 2024, a day before the Mother filed her motion. Thus, the request was timely, and the Mother had a reasonable excuse in requesting to reopen the case, as this evidence was not available before the hearing was held or the final judgment was issued. The evidence pertains to the child’s academic performance, which is pertinent to her best interests, especially as both parents seek to have her attend different schools in different states. The evidence contradicts the Father’s testimony that the child was doing well in school under his supervision, upon which the court relied in determining that the child should remain with the Father in Palm Beach County. As the best interests of the child are the North Star for the court’s judgment, the court should consider this evidence which was not available at the final hearing.” The court cited Grider-Garcia v. State Farm Mut. Auto., 73 So. 3d 847, 849 (Fla. 5th DCA 2011) (“Factors to consider in deciding whether to reopen a case include: ‘(1) the timeliness of the request, (2) the character of the evidence sought to be introduced (3) the effect of allowing the evidence to be admitted, and (4) the reasonableness of the excuse justifying the request to reopen.’”).
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