Court Cannot Modify Custody in a Way That Neither Party Asked For

[Attorney Howard Iken]

Moore f/k/a Wilson v. Wilson, August 14, 2009, 5th District Court of Appeal

This is a modification case. The couple was divorced in 2003, giving the Mother primary residential custody. In 2005 the Father filed a Supplemental Petition for Modification, seeking primary custody. (keep in mind those laws have since changed and there is no primary/secondary).

The court ended up ordering rotating custody. The problem was: neither party asked for rotating and the court failed to detail why this arrangement was in the best interest of the children. Final judgments require certain information, including why the court ordered a certain arrangement.

At the time of the judgment there was a statute (now changed) that required the trial court to explain why rotating custody was in the best interest of the child.

The appeals court reversed the trial court ruling because the trial court did not make the required factual findings.






Attorney Howard Iken


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[father'shelp]

I am not married to my son's mother but I would like to get visitation right to be able to spend time with him. I have tried to fine a law but they all cost so much money. I just started a new job and when I was collection unemployment I help her in any way I could with baby items and her bills. Now that he is born every time she gets mad at me she tell me I cannot see my son. I will sign myself up to pay child support but I know that will not get me visitation rights. Do you know of any organization that will be able to help me get visitation rights to see him? He is only a month old and I would like to have rights to my child’s upbringing and be able to spend time with him.