Lally v. Raber

Summary

The Florida Second District Court of Appeal reverses an amended judgment modifying the parties' parenting plan and denying the appellant's request for attorney's fees. The court holds that the trial court failed to make adequate written best-interests findings under section 61.13 and failed to make required findings regarding the parties' relative financial needs and abilities under section 61.16. The case is remanded for the required findings, while the judgment is affirmed in all other respects.

Holdings

1. When modifying a parenting plan and timesharing schedule, the trial court must make adequate written best-interests findings under section 61.13(2)(c)1 and (3), Florida Statutes, sufficient to permit meaningful appellate review. Because the amended judgment lacked those findings, the parenting-plan modification had to be reversed and remanded.
2. A trial court may not deny a request for attorney's fees under section 61.16 without making findings regarding the parties' relative financial needs and abilities to pay.
3. Under section 61.13(2)(c)2, Lally was not required to prove the existence of separate proceedings against Raber in order to rebut the presumption of equal timesharing under section 61.13(2)(c)1.

Questions Presented

1. Whether the amended judgment sufficiently stated written findings under section 61.13(2)(c)1 and (3), Florida Statutes, to support the ordered parenting-plan modification and timesharing arrangement.
2. Whether the trial court could deny Lally's request for attorney's fees under section 61.16 without making findings regarding the parties' relative financial needs and abilities.
3. Whether Lally was required to prove the existence of separate proceedings against Raber to rebut the presumption of equal timesharing under section 61.13(2)(c)1.

Disposition

reversed_and_remanded