MARTHA SUE ADAMS, APPELLANT,
v.
JAMES K. ADAMS, APPELLEE
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The court held that the Uniform Child Custody Act does not apply to intrastate custody disputes and that the trial court has the power to award suit money and attorney's fees.
Following a divorce and custody order, the father petitioned to modify custody. The mother moved to change venue to her county of residence, which was…
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PER CURIAM.
In this domestic relations matter, the parties were divorced in 1975. The mother was given custody of the minor child, who is now five years old. The husband was ordered to pay support. She moved to Tallahassee, placed the child in the custody of her parents, and directed the father to make the support payments direct to her parents.
The father subsequently remarried and, in 1979, filed a petition to modify the original custody order in the original divorce proceedings in Dade County. The mother filed a motion to change venue to Leon County, her present residence and the place of residence of the minor child. The trial judge denied the change of venue.
Counsel for the appellant recognizes that normally matters of a change of custody in this type of proceedings go back to the court that originally entered same. Poliak v. Poliak, 235 So. 2d 512 (Fla. 2d DCA 1970); Elliott v. Weyman, 337 So. 2d 832 (Fla. 1st DCA 1976). His principal complaint is that the lady is indigent and that the Uniform Child Custody Act, enacted in 1977, should apply to intrastate proceedings as well as interstate proceedings. The express language of the statute, Section 61.-1304, Florida Statutes (1977), specifically indicates that the law is applicable only to interstate custody squabbles and not to intrastate. Therefore, we find no merit in this argument.
As to the question of indigency, the trial court has the power upon proper petition to provide the mother with suit money and attorney’s fees to defend any modification order. Wilner v. Wilner, 167 So. 2d 234 (Fla. 3d DCA 1964); Section 61.16, Florida Statutes (1977).
Therefore, the order denying a change of venue is affirmed.
Affirmed.
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Trujillo v. Trujillo, 378 So. 2d 812 (Fla. 3d DCA 1979)…of habeas corpus and deliver custody of the child forthwith to the mother. Reversed and remanded. . Admissible in evidence pursuant to § 92.10, Fla.Stat. (1977). Effective date of repeal extended by Ch. 78-379, § 1, Laws of Fla. . Adams v. Adams, 374 So. 2d 29 (Fla. 3d DCA 1979). . § 61.1304, Fla.Stat. (1977). . § 61.1304, Fla.Stat. (1977). . § 61.1308, Fla.Stat. (1977). . § 61.1308(2), Fla.Stat. (1977). . § 61.1308(l)(c) 1, Fla.Stat. (1977). . § 61.1308(l)(c) 2, Fla.Stat. (1977). . § 61.1308, Fla.…
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Adams v. Adams, 385 So. 2d 688 (Fla. 3d DCA 1980)…make child support payments to the mother. Reversed. . Mrs. Adams, who by then lived in Tallahassee with the child, moved for a change of venue, and being denied that relief, appealed to this court. We affirmed the trial court. See Adams v. Adams, 374 So. 2d 29 (Fla. 3d DCA 1979). . There was simply no basis upon which the Miami caseworker could make this comparative judgment. See Taylor v. Schilt, 292 So. 2d 47 (Fla. 2d DCA 1974). The fact that the father may be a fit and proper custodian is insufficient…
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Nelson v. Nelson, 433 So. 2d 1015 (Fla. 3d DCA 1983)…at entered the original decree. See Wells v. Ward, 314 So. 2d 138 (Fla.1975); Bohn v. Rhoades, 121 So. 2d 777 (Fla.1960); Marshall v. Marshall, 404 So. 2d 1182 (Fla. 2d DCA 1981); Bailey v. Malone, 389 So. 2d 348 (Fla. 1st DCA 1980); Adams v. Adams, 374 So. 2d 29 (Fla. 3d DCA 1979); Elliott v. Weyman, 337 So. 2d 832 (Fla. 1st DCA 1976). This is so notwithstanding section 61.1308 which must, in my view, be read in pari materia [*1021] with section 61.13(4), Florida Statutes (Supp.1982). The trial court’s ord…1 / 3
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Poliak v. Poliak, 235 So. 2d 512 (Fla. 2d DCA 1970)
- Elliott v. Weyman, 337 So. 2d 832 (Fla. 1st DCA 1976)
- Wilner v. Alyse Wilner, 167 So. 2d 234 (Fla. 3d DCA 1964)