Selected Family Law Appellate Update for week ending 4/14/17

FelixBaseman
FelixBaseman

Aranda v. Padilla (Fourth DCA, April 12, 2017)

(1) The trial court erred by awarding the motion sole parental decision making authority without an explicit finding—in the judgment or on the record—that shared parental responsibly would be “determinantal” to the child.  The District Court noted that the trial court justified its award based on the fact that the parents where high conflict and had an “unhealthy” relationship.  However, the Court explained that this finding was “in the vein of a best interest finding” and failed to “rise to the level of a finding of detriment to the child.

(2) The trial court erred by failing to award the father any holiday timesharing without making findings against such an award.  The District Court held that holiday visitation has become “so routine and necessary that to deny it requires factual findings justifying that decision.”