LEONARD PERLMAN, APPELLANT,
v.
ZORAIDA PERLMAN, APPELLEE

Fla. 3d DCA | 1987-01-27
No. 86-2721
Before HUBBART, BASKIN and FERGUSON, JJ.
502 So. 2d 951 Florida District Court of Appeal, Third District (1987) Positive Treatment
Cited by 4 cases
Topics
Rebuttal Evidence Child Custody Evidentiary Hearing Due Process

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Opinion of the Court
FERGUSON, Judge.

FERGUSON, Judge.

An evidentiary hearing on a father’s petition for change of child custody was continued for the purpose of an investigation of the proposed new home of the custodial mother and minor children. The court stated that the hearing would resume upon receipt of the investigatory report. When the written report of the investigation was completed, the court considered it ex parte without another hearing, over the father’s objections, and denied the petition. That denial of a hearing is the main issue in this appeal.

When the trial court relies on investigative reports for the purpose of resolving a child custody dispute, due process requires that the parties be given an opportunity to review the reports and to present any evidence which might rebut the recommendations contained in the reports. Kern v. Kern, 333 So. 2d 17 (Fla.1976). The remaining point on appeal is affirmed on authority of Matilla v. Matilla, 474 So. 2d 306 (Fla. 3d DCA 1985).

Affirmed in part, reversed in part, and remanded for an evidentiary hearing where the appellant/father may produce evidence to rebut the evidence and recommendations contained in the investigative report.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Clayman v. Clayman, 536 So. 2d 358 (Fla. 3d DCA 1988)
    …r the parties should be given an opportunity to review the reports for purposes of introducing any evidence that might rebut the conclusions or recommendations which the reports contained.” Kern v. Kern, 333 So. 2d 17 (Fla.1976); Perlman v. Perlman, 502 So. 2d 951 (Fla. 3d DCA 1987). The trial court’s denial of the mother’s motions for a continuance denied her sufficient opportunity to review the reports and, if necessary, depose those who had prepared them and present to the court any evidence which would re…
  • Crifaci v. Crifaci, 626 So. 2d 287 (Fla. 4th DCA 1993)
    …r the parties should be given an opportunity to review the reports for purposes of introducing any evidence that might rebut the conclusions or recommendations which the reports contained.” Kern v. Kern, 333 So. 2d 17 (Fla.1976); Perlman v. Perlman, 502 So. 2d 951 (Fla. 3d DCA1987). The trial court’s denial of the mother’s motions for a continuance denied her sufficient opportunity to review the reports and, if necessary, depose those who had prepared them and present to the court any evidence which would reb…

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