Can Courts Award Custody to Someone Who Isn’t a Parent?

It may sound strange, but the Florida courts have dealt with this question before. In one case, Quiceno v. Bedier, 387 So. 3d 365 (Fla. 3d DCA 2023), the Florida trial court awarded timesharing to a non-parent over the objections of a biological parent. The case was taken up on appeal. In this article, the Tampa, FL, child custody lawyers at Westchase Law, P.A., will discuss the Quiceno case and how it applies to Florida’s laws.

Background of the case 

In this case, a dispute between parents centered around custody and timesharing of a minor child. The child’s biological father opposed the trial court’s ruling that granted equal timesharing to a non-parent (the mother’s former partner). The trial court treated the non-parent as if they stood on equal footing with the biological parent. The father appealed the decision, arguing that the decision infringed on his constitutionally protected rights as a parent.

The issue then became: Can a Florida trial court award equal timesharing to a non-parent over the objection of a fit biological parent?

The appeal

In this case, the answer was ‘absolutely not.’ The Third District Court of Appeal reversed the trial court’s order. The court found that a non-parent cannot be granted equal timesharing with a child when there is a fit natural parent asserting their parental rights.

Florida law and U.S. constitutional precedent recognize a fundamental liberty interest of parents in the care, custody, and control of their children. To overcome this presumption, there must be a finding of parental unfitness or a showing of demonstrable harm to the child if their custody rights remain intact. In this case, the appeals court found that the trial court had erred because it gave a non-parent equal rights without any finding of unfitness or harm. The appellate court emphasized that while a non-parent may develop a close relationship with a child, that alone doesn’t override a fit parent’s superior rights.

Key takeaways 

In Florida, fit biological parents have a constitutionally protected priority in custody disputes. The court cannot award custody or equal timesharing to a non-parent absent findings of parental unfitness or potential harm to the child.

Another case, Richardson v. Richardson, dealt with a stepparent who had developed a close, parental-like relationship with a child. After the biological parents divorced, the stepfather sought visitation rights. In this case, the trial court granted visitation. The matter was appealed and went all the way to the Florida Supreme Court. The Florida Supreme Court recognized that, under extraordinary circumstances, a non-parent (such as a stepparent) can be awarded visitation if it is shown to be in the best interests of the child and does not infringe on the rights of a fit biological parent.

Talk to a Tampa, FL, Child Custody Lawyer Today

Westchase Law, P.A., represents the interests of parents in child custody disputes. Call our Tampa family lawyers today to schedule an appointment, and we can begin addressing your concerns right away.

Sources:

caselaw.findlaw.com/court/fl-district-court-of-appeal/114927370.html

caselaw.findlaw.com/fl-supreme-court/1489548.html