Understanding Best Interest Findings in a Contested Custody Case

Contested cases of child custody and time-sharing are some of the most complex and contentious cases in Florida family law. When trial courts rule in cases involving parental responsibility and parenting plans, Florida Statutes § 61.13(3) call for extensive evaluation of numerous “best interest” factors, and under the current statute, written findings to support the ruling. This was made clear in a case we’re about to discuss. In this case, the trial court ruled that there would be shared parental responsibility but made no findings in accordance with the statute.

Background of the case 

In the aforementioned case, the former wife appealed the final judgment of divorce on matters of parental responsibility, timesharing, child support, and the parenting plan. The trial court orally ruled during the case that shared parental responsibility and the timesharing arrangement were in the best interests of the children, granting the former husband two unsupervised overnight visits per week and the rest to the former wife. The court further imputed income to the former wife to calculate child support.

Significantly, evidence regarding abuse was introduced in the case. In accordance with Florida Statutes § 61.13(3), evidence regarding domestic violence, abuse, and similar concerns is a factor in determining the best interests of the child in the area of parental responsibility and timesharing. The statute further states that in the event the evidence is given consideration, the court’s written findings must state that the evidence was given consideration in determining the best interests of the child.

Although the ultimate determination contained a parenting plan and set forth that all pertinent factors had been considered, it did not set forth specific written findings of fact as to each factor under the statute, including those relating to allegations of abuse made during the trial. The court merely enumerated these factors and determined that joint responsibility for parenting was in the children’s best interests. 

The appeal

In this appeal, the former wife argued that the trial court did not satisfy the statutory requirement of written findings of fact as to the best interest factors. The Sixth DCA agreed with the wife and held that there was reversible error. In this case, the appellate court held that under the 2023 amendment to § 61.13(3), the trial court must make specific written findings of fact as to how the trial court weighed each factor, especially in light of disputed evidence and allegations of abuse.

Since there was no determination in the written judgment on how the evidence supported the findings with respect to each factor, the decision was reversed on that aspect and remanded for proceedings in accordance with the statute. 

Talk to a Tampa, FL, Child Custody Lawyer Today

Westchase Law, P.A., represents the interests of Tampa parents who are navigating the courts in a Florida custody case. Call our Tampa family lawyers today to schedule an appointment, and we can begin discussing your next steps right away.

Source:

flcourts-media.flcourts.gov/content/download/2483506/opinion/Opinion_2025-1795.pdf