Posted by Nydia Streets of Streets Law in Florida Child Custody
Before a court can change a Florida parenting plan, both parties must be on notice of what to expect before a hearing is held. This notice is usually given by way of a motion filed by a party. In the motion, the party states allegations made against the other party and requests the relief desired. If a court grants relief not requested by a party, the order may be subject to appeal. This was an issue in the case Bowers v. Smith, 5D22-730 (Fla. 5th DCA November 7, 2022).
The opinion in this case is devoid of background information. However, the opinion states the mother appealed an order suspending her time-sharing. She argued the order granted relief not requested by the father in his motion. The appellate court agreed with the mother and reversed the order.
Schedule your meeting with a Miami family law attorney to understand how the law may apply to the facts of your case.