Posted by Nydia Streets of Streets Law in Florida Child Custody

Florida parenting plans apply to minor children. So when a child turns 18, a court usually has no further jurisdiction to determine when or if a parent sees a child, since the child is considered an adult. What about a child custody order that is part of a domestic violence injunction? This was an issue in the case Wall v. Kyramarios-Wall, 5D21-1504 (Fla. 5th DCA December 14, 2021).

An injunction was entered against the father which in part granted the mother 100% time-sharing with the parties’ minor children and prohibited the father from having contact with the children, including by phone, text or email. The mother filed a motion for contempt alleging that the father violated the injunction by sending a text message to the parties’ oldest child on her 18th birthday. The father admitted to sending the text message and subsequent text messages, but he argued he should not be held in contempt because the injunction only prohibited him from contacting the children as minors. Now that their oldest child was an adult, the order should not apply to her, according to the father. The trial court entered an order mandating that the father have no contact with the parties’ adult daughter and he appealed.

The father argued on appeal that it was error to enter such an order when this relief was not requested by the mother. The appellate court held “Father takes issue with this verbiage in the order, arguing here that the trial court violated his right to due process by essentially enjoining him from having contact with his adult daughter when such relief was not requested by Mother in her motion. We agree. See Booth v. Hicks, 301 So. 3d 369, 370 (Fla. 2d DCA 2020) (“It is well-settled that a trial court violates due process and commits reversible error when it grants a party relief that the party did not request.”). Accordingly, the trial court’s order on Mother’s motion for civil contempt is reversed.”

Schedule your consultation with a Miami Child Custody Lawyer to understand how the law may apply to your case.