HERMAN MURPHY, APPELLANT,
v.
ELAINE MURPHY, APPELLEE

Fla. 4th DCA | 1977-11-01
No. 77-942
ALDERMAN, C. J., and MOORE, J., concur.
351 So. 2d 383 Florida District Court of Appeal, Fourth District (1977) Positive Treatment
Cited by 4 cases
Topics
Petition For Modification Of Visitation Petition For Change Of Custody Opportunity To Respond Visitation

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Opinion of the Court
DAUKSCH, Judge.

DAUKSCH, Judge.

After the father was awarded custody of his son in a dissolution judgment the moth er complained she was unable to visit with her son since the father moved from Bro-ward County to Port Walton Beach, Florida. She petitioned the court “. . . for an order modifying and extending the visitation rights . . . ” The father did not appear at the hearing on the mother’s petition and the court entered an Order changing the custody from the father to the mother. The trial court has no authority to change the custody, absent an emergency for the welfare of a child in imminent need, unless a properly pleaded petition for change of custody is filed and the respondent given an opportunity to respond to the request for change of custody and a hearing had. if called for, with the necessary proof adduced. DeWalt v. DeWalt, 305 So. 2d 792 (Fla. 4th DCA 1975).

The Order changing custody is REVERSED.

ALDERMAN, C. J., and MOORE, J., concur.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Alyce C. Tindel v. Tindel, 365 So. 2d 219 (Fla. 4th DCA 1978)
    …, so far as the wife understandably expected, the hearing would only involve the question of the husband’s arrearages on which question she proved successful. Yet her success was a pyrrhic victory indeed, for all else was lost. See Murphy v. Murphy, 351 So. 2d 383 (Fla. 4th DCA 1977) and Jennings v. Jennings, 353 So. 2d 921 (Fla. 4th DCA 1978). REVERSED AND REMANDED. CROSS and BERANEK, JJ., concur.…
  • Tindall v. Carleton H. Tindall, 487 So. 2d 383 (Fla. 4th DCA 1986)
    …hich awarded the former husband the right of residential care of the parties’ minor child, until resolution of her petition for modification or until further order of the court. DeWalt v. DeWalt, 305 So. 2d 792 (Fla. 4th DCA 1975); Murphy v. Murphy, 351 So. 2d 383 (Fla. 4th DCA 1977); Sardinas v. Sardinas, 401 So. 2d 909 (Fla. 4th DCA 1981). No motion for rehearing will be entertained. GLICKSTEIN, J., concurs. DELL, J., concurs with opinion. LETTS, J. dissents without opinion.…

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