JAMES G. MARSHALL, APPELLANT,
v.
EVELYN J. MARSHALL, APPELLEE
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Florida appellate court reversed a temporary custody modification order because the Sarasota County court lacked jurisdiction; only the original divorce court in Alachua County could modify custody.
A circuit court lacks jurisdiction to modify child custody unless it is the court that had original jurisdiction over the dissolution proceedings.
[1] A petition to modify child custody must be filed in the circuit court that had original jurisdiction over the dissolution proceedings, not in the county where either part…
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Join FLexlaw to unlock all legal intelligenceParties divorced in Alachua County with appellee receiving custody; custody was later changed to appellant. Appellant and child now reside in Sarasota…
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GRIMES, Judge.
Appellant attacks the jurisdiction of the court which awarded a temporary change in custody of his minor child.
The parties divorced in Alachua County, and appellee received custody of the minor child. Thereafter, custody of the child was changed to appellant, but appellee is now seeking to regain custody. Since appellant and the child live in Sarasota County, and appellee has moved to Manatee County, she filed the petition for modification in Sarasota County. The court held a hearing shortly after the filing of the petition and then entered the order temporarily changing custody to her. We have jurisdiction to hear this appeal pursuant to Florida Rule of Appellate Procedure 9.130(a)(3)(C)(iii).
Appellant contends that the Sarasota County Circuit Court lacked jurisdiction to consider the petition for change of custody. He is clearly correct. Wells v. Ward, 314 So. 2d 138 (Fla.1975); Bailey v. Malone, 389 So. 2d 348 (Fla. 1st DCA 1980); Poliak v. Poliak, 235 So. 2d 512 (Fla. 2d DCA 1970). Section 61.14, Florida Statutes (1979), which permits the parties to a dissolution to apply for modification of alimony or support in the county in which either of them resides, omits any reference to changes of custody. There is simply no authority for appellee to seek a modification of custody except in the Circuit Court of Alachua County which is the court that had original jurisdiction over the dissolution proceedings.
REVERSED.
BOARDMAN, Acting C. J., and OTT, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Nelson v. Nelson, 433 So. 2d 1015 (Fla. 3d DCA 1983)…t had dealt with the custody status of the children, the proper forum to litigate custody was the court that 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…1 / 2
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Williams v. The Honorable Hugh E. Starnes, 522 So. 2d 469 (Fla. 2d DCA 1988)…Circuit Court has exclusive jurisdiction to modify the original custody provisions of the dissolution decree entered there. From our review of the relevant case law, he appears to be correct. See Wells v. Ward, 314 So. 2d 138; Marshall v. Marshall, 404 So. 2d 1182 (Fla. 2d DCA 1981). In Marshall, this court, relying on Wells, Bailey v. Malone, 389 So. 2d 348 (Fla. 1st DCA 1980); and Poliak v. Poliak, 235 So. 2d 512 (Fla. 2d DCA 1970), held that the circuit court which had original jurisdiction over the disso…
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Torres v. Torres, 561 So. 2d 1310 (Fla. 3d DCA 1990)…o modify the custody provisions of an earlier dissolution judgment rendered by the circuit court of another county. Accord Spear v. Spear, 510 So. 2d 371 (Fla. 3d DCA 1987); Lazar v. Lindsey, 510 So. 2d 981 (Fla. 4th DCA 1987); Marshall v. Marshall, 404 So. 2d 1182 (Fla. 2d DCA 1981); Haley v. Edwards, 233 So. 2d 647 (Fla. 4th DCA 1970). Whatever the present status of the rule as applied to that particular situation,2 it does not affect the present one, in which, as we see it, the venue of the modification con…
Previewing 3 of 7 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Honorable Clyde B. Wells v. Ward, 314 So. 2d 138 (Fla. 1975)
- Bailey v. Malone, 389 So. 2d 348 (Fla. 1st DCA 1980)
- Poliak v. Poliak, 235 So. 2d 512 (Fla. 2d DCA 1970)