Diana De Los Angeles Salazar v. Andre Ramon Blanco

Summary

The Florida Third District Court of Appeal reversed a final judgment of paternity, timesharing, and parenting plan because the trial court did not demonstrate consideration of the statutory best-interest factors under section 61.13, Florida Statutes, and did not create or approve a legally sufficient parenting plan. The court also reversed the child-support award requiring the mother to pay support to the father for periods when the child was in her custody. The case was remanded for required findings, a proper parenting plan, and reconsideration of child support.

Holdings

1. A final judgment determining parental responsibility and timesharing is legally insufficient when neither the judgment nor the record demonstrates that the trial court considered the statutory best-interests factors in section 61.13.
2. The trial court must create or approve a parenting plan and attach it to or incorporate it into the final judgment; failure to do so violates section 61.13(2)(b).
3. The trial court erred by ordering the Mother to pay child support to the Father for any period during which the minor child was in the Mother's custody.

Questions Presented

1. Whether the final judgment was legally sufficient where it failed to demonstrate consideration of the best-interests factors required by section 61.13, Florida Statutes.
2. Whether the trial court was required to create or approve and incorporate a parenting plan addressing parental responsibilities, decision-making, timesharing, and related matters.
3. Whether the trial court erred by ordering the Mother to pay child support to the Father for periods during which the child was in the Mother's custody.

Disposition

reversed_and_remanded