Father Appeals Decision to Award Custody and Legal Fees to Mother

In the case of Alvarez v. Jimenez, a formerly married couple disputed issues related to the custody of their two children. The father filed for the dissolution of marriage in July 2015. Affidavits attached to the petition (filed pursuant to the Uniform Child Custody Jurisdiction and Enforcement Act or UCCJEA) indicated where each of the children had lived during the relevant time periods. The mother failed to respond to the petition, and a default judgment was issued against her.

With regard to the two minor children, the final judgment provided that Florida was the habitual residence of the children and that the mother wrongfully retained the children in Columbia. The final judgment granted the father sole parental responsibility with supervised timesharing by the mother when the mother returned to Florida with the children.

Afterward, the mother filed a motion to vacate those portions of the final judgment containing custody and child-related determinations involving the couple’s children. The court conducted a two-day evidentiary hearing and ultimately granted the mother’s motion to vacate. In a separate order, the trial court awarded the mother $180,400.72 in legal fees to the prevailing party which provides for the prevailing party’s attorney’s fees when a party seeks enforcement of a foreign custody decree.

The father subsequently appealed the order assigning custody and legal fees to the mother. The appeals court refused to vacate the final judgment but reversed the order awarding the mother attorney’s fees.

Vacating the child custody order 

With regard to the first petition to vacate the child custody agreement, the court granted the mother’s motion and vacated the portion of the final judgment related to “any and all child custody determinations over the parties’ two minor children. The trial court determined that the children spent the majority of their time in Columbia, not Florida, and this was the home state of the minor children during the relevant time periods. In so finding, the appeals court determined that the trial court lacked subject-matter jurisdiction to make an initial child custody determination under section 61.514, Florida Statutes.

Vacating the order to award attorney’s fees to the mother 

In this case, the appeals court reversed the ruling in favor of the mother for attorney’s fees. The appeals court determined that the mother’s motion sought to vacate a final judgment as opposed to enforcing a foreign custody decree under UCCJEA. In other words, attorney’s fees are only awarded when one parent establishes that they are enforcing a foreign custody decree. In this case, the mother was vacating a final order. So, the court reversed the decision.

Talk to a Tampa, FL Family Law Attorney Today 

Westchase Law, P.A. represents the interests of Tampa residents who are seeking to enforce a custody order. Call our Tampa family lawyers today to schedule an appointment, and we can begin discussing your next steps right away.

Source:

law.justia.com/cases/florida/third-district-court-of-appeal/2021/3d20-0610.html