What family judge “considers” for 4 year old visitation is inappropriate standard

I recently had a case in Jacksonville where a Father filed a motion for clarification of final judgment which provides for summer visitation once child turns 5 but also lists a year (2009) which is 2 years prior to the child turning 5.

The Judge entered order,without a hearing, stating that he “considers a 4 year old of sufficient age to have summer visitation [with nonresidential parent – father].”

As the mother’s attorney, we filed a motion for rehearing and to set aside said order because if there is an ambiguity in the final judgment, then an evidentiary hearing is required.  A hearing was held and the Judge ruled in our favor the Judge’s order was set aside.

[/column]