In Dunn, the husband took the children and relocated from Florida to live with his parents in Tennessee. This ocurred during the irreconcilable breakdown of the marriage, but before divorce was filed. His wife quickly filed a divorce and requested an emergency pickup order for return of the children, which the trial court granted.

The husband appealed, arguing that F.S. 61.13001, Florida’s relocation statute, doesn’t prohibit relocation before divorce is filed. The Third DCA agreed, noting the law applies only after a time-sharing order has been ordered, or a pending action has been filed.

However, the court held a that the trial court had discretion to order a parenting plan that included return of the children if determined to be in the best interests of the children under F.S. 61.13(2)(a).

The Fourth DCA stayed the pickup order and remanded for the trial court to hold a hearing on whether returning the children serves their best interests.

Michael DeVoe is a divorce attorney in Orlando, Florida practicing contested divorce, uncontested divorce, timesharing, visitation, custody, paternity, child support, injunctions, and other family law cases.

Florida law permits trial courts to temporarily modify (and suspend) child custody and time-sharing without prior notice in “emergencies.” Caselaw defines “emergencies” as threats of physical harm or imminent removal from the state. In Capps (December 2025), the Fourth DCA recognized that “substantial emotional abuse or trauma” may also qualify as an emergency.

The case arose from a contentious marriage dissolution proceeding. Initially, both parents were granted shared parental responsibility and timesharing. However, the situation escalated when the mother filed an emergency motion alleging harm by the father, including allegations of child drug exposure and child sexual abuse.

Shortly thereafter, the father filed a sworn emergency motion claiming the mother fabricated allegations and subjected the children to repeated, unnecessary invasive examinations, including drug testing and pelvic examinations, and that she made repetitive abuse reports that resulted in police and DCF involvement. The GAL corroborated the children were exposed to unnecessary medical and forensic evaluations and investigations. The trial court found that the mother’s actions were causing severe emotional trauma to the children. The trial court entered a temporary emergency order that restricted the mother’s contact with the children to supervised time-sharing.

The Fourth DCA affirmed the trial court’s emergency order pending a full evidentiary hearing. The Fourth DCA emphasized that its decision does not predetermine the outcome of the pending evidentiary hearing but validates the trial court’s authority to act promptly in emergencies, which may include situations in which children are exposed to emotional or psychological harm.

The case is notable because it explicitly recognizes mental and psychological harm as a basis for the domestic relations court to enter temporary, emergency orders on the topic of child time-sharing.

Michael DeVoe is a divorce attorney in Orlando, Florida practicing contested divorce, uncontested divorce, timesharing, visitation, custody, paternity, child support, injunctions, and other family law cases.

Unknown to the former wife at the time of signing, the QDRO included a clause stating she waived any rights to benefits the former husband would receive under the Deferred Retirement Option Program (DROP), a component of the FRS. This waiver was not part of the original marital settlement agreement, and the former wife did not become aware of it until 2024. She then filed a motion for relief from the QDRO under Florida Family Law Rule of Procedure 12.540(a), which allows for correction of clerical mistakes in judgments or orders at any time, either on the court’s own initiative or on a party’s motion.

The trial court granted her motion, finding that there was no evidence she had knowingly agreed to waive her entitlement to DROP benefits. The former husband appealed the decision, arguing that the error was not clerical but instead a substantive modification of the original order, and therefore not subject to correction under Rule 12.540(a). The Fourth District Court of Appeal (DCA) reviewed the matter and agreed with the former husband’s interpretation of the rule.

The appellate court clarified that clerical mistakes refer only to accidental slips or omissions that do not alter the substance of a court’s judgment. Substantive changes, such as those that impact the rights and obligations of the parties, must be addressed under Rule 12.540(b), which permits relief from judgments due to mistake, inadvertence, surprise, or excusable neglect, but only if filed within one year of the original judgment’s entry. Since the former wife’s motion came nearly three years after the QDRO was entered, her request was untimely under subsection (b). The appellate court held that her claim involved a substantive legal issue, not a clerical error, and therefore the trial court lacked authority to modify the QDRO under subsection (a). As a result, the Fourth DCA reversed the lower court’s decision.

This case serves as a cautionary tale for litigants and attorneys, emphasizing the necessity of thoroughly reviewing all documents submitted to the court before signing. It illustrates how overlooking seemingly small details in legal documents can have significant long-term consequences. It also reinforces the importance of understanding procedural rules governing the correction of court orders, particularly the strict time limits associated with seeking relief for substantive mistakes.

Michael DeVoe is a divorce attorney in Orlando, Florida practicing contested divorce, uncontested divorce, timesharing, visitation, custody, paternity, child support, injunctions, and other family law cases.

The trial court ended up equally distributing the marital assets and liabilities, except for the retirement accounts of the parties. The husband kept his retirement account with a balance of $1,078,810. The wife kept her retirement account with a balance of $803,257. The trial court referenced the wife’s destruction of the husband’s memorabilia collection to justify the unequal distribution of $275,553 in favor of the husband.

The Third District noted that the equitable distribution statutes does not consider the intentional destruction of nonmarital property, but that the trial court could properly consider the wife’s conduct as part of the broad catchall of “other factors necessary to do equity and justice between the parties.” However, the Third District agreed with the wife’s argument that “the sentimental interest of one party in . . . property cannot take priority over financial fairness to the other party.” The Third District reversed and remanded for the trial court to reduce the husband’s unequal distribution to $14,500, which is the value he assessed the memorabilia in his financial affidavit.

Personally I think the trial court only erred by lowballing the husband’s Star Wars collection. But if you can’t get sentimental value for the Millenium Falcon, then forget about those Hummels; Elvis memorabilia, and bone china.

Michael DeVoe is a divorce attorney in Orlando, Florida practicing contested divorce, uncontested divorce, timesharing, visitation, custody, paternity, child support, injunctions, and other family law cases.

Documentary Evidence

1. Financial Records: Bank statements, tax returns, pay stubs, and expense reports to demonstrate income, assets, or debts.
2. Communication Records: Text messages, emails, and social media posts to show behavior, intent, or interactions between parties.
3. Legal Documents: Prenuptial agreements, custody orders, or divorce decrees.
   Medical or School Records: Evidence of a child’s health, needs, or performance in school.

Testimonial Evidence

1. Party Testimony: Statements made by the parties involved in the case.
2. Witness Testimony: Friends, family members, or professionals (e.g., teachers or counselors) who have relevant information about the situation.
3. Expert Testimony: Opinions from professionals like child psychologists, financial analysts, or social workers.

Physical Evidence

1. Photos relevant to issues in the case
2. Videos relevant to issues in the case
3. Physical items relevant to issues in the case

Demonstrative Evidence

1. Charts
2. Diagrams
3. Timelines
4. Other summaries that visually represent events or data to clarify complex issues

Circumstantial Evidence

1. Indirect evidence that implies a fact but does not directly prove it, such as showing a pattern of behavior.

Affidavits or Declarations

1. Written statements made under oath, often used in custody or restraining order cases.

Other Key Considerations:

1. Relevance: The evidence must relate directly to the issues in the case.
2. Admissibility: Evidence must comply with the rules of evidence, including being obtained legally and not being overly prejudicial or hearsay (unless exceptions apply).
3. Credibility: The court will evaluate the reliability and authenticity of the evidence.

Consulting an attorney can help ensure the proper gathering, presentation, and challenge of evidence in family law cases.

Michael DeVoe is a divorce attorney in Orlando, Florida practicing contested divorce, uncontested divorce, timesharing, visitation, custody, paternity, child support, injunctions, and other family law cases.

Help Children Deal with Stress – Bullet Points -Quick Tips

Helping Children Deal with Stress During Corona Virus – Powerpoint

In an appeal from the Circuit Court for Orange County, Zameena (the former wife) appealed an order regarding custody and support where the trial judge on his own awarded her former husband El Houcine sole timesharing of the parties’ children and limited her contact with the children to “as allowed” by her ex-husband.

In this case, a 2015 final judgment was entered dissolving the marriage which ratified an agreed parenting plan from the parties. The agreement provided for shared parental responsibility for all major decisions involving their three minor children, and they agreed to an equal division of timesharing with their children. The exchange of the children was to take place each Sunday.

The former husband asked the trial court to designate a specific location where the parties would exchange their children for timesharing, claiming that the parenting plan didn’t specify the location for the parties’ children exchange. Because of a recent incident, he asked the court to direct all future timesharing exchanges take place at an Orlando facility that provides a monitored program for children custody exchanges. The former husband set his motion for hearing and gave proper notice to his ex-wife.

The former wife didn’t attend this hearing, and the trial court entered the order on appeal, in which—on its own motion—awarded the former husband sole timesharing of the parties’ children and limited his ex-wife’s contact with the children to “as allowed” by him. The court also reduced his monthly child support obligation. Following the trial court’s denial of the former wife’s motion for rehearing, she appealed.

Judge Brian D. Lambert of Florida’s Fifth District Court of Appeal wrote in his opinion that the former wife argued that the trial court’s order violated her due process rights. She said that it significantly modified her timesharing with her children—when the only matter scheduled to be discussed at the hearing was the location for the timesharing exchange. Judge Lambert and the District Court of Appeal agreed, explaining that it’s well settled that an order adjudicating issues not presented by the pleadings, noticed to the parties, or litigated at the trail court level denies fundamental due process.

Citing a First District appellate decision, Judge Lambert said that a trial court violates due process when it “modifies visitation, changes primary residence, or alters child support when the notice of hearing does not include this issue.” In addition, Lambert noted that there was no emergency alleged by the former husband in his motion that required the trial court to act.

Concluding that the trial court’s order was entered in violation of Zameena’s right to due process, the District Court of Appeal reversed. Barsis v. Barsis, Case No. 5D 16 – 2768 (Fla. 5th DCA February 3, 2017).

Do you have questions about timesharing and timesharing exchanges for your children with your ex-spouse? Contact Michael DeVoe, an experienced family law attorney in Orlando. Michael will answer your questions about child custody and timesharing agreements, as well as any other family law issues like child support modification and injunctions. Contact Michael DeVoe today for a free consultation at (407) 284-1620 or use the easy-to-use email form on our website.

What is the first step in getting a divorce in Florida?

Photo by alexskopje.

The first step is filing a document called Petition for Dissolution of Marriage with the court. This document outlines the claims you have for property and child custody and must be delivered to the other spouse. If you have children, the state of Florida also requires you to attend a seminar on children and divorce.

The Divorce Process in Florida

One of the spouse files for divorce

The spouse filing for divorce is called the Petitioner. They are the one who initiates the procedure with the family law or domestic relations court.

The other spouse receives the divorce papers

The spouse who did not file for divorce is called the Respondent. This spouse will receive the dissolution of marriage papers from a service.

The divorce is filed with the court

The divorce will be handled in the Circuit Court for the county that you live in. The court will assign your divorce a case number and will have jurisdictional rights to grant orders concerning your property, debt division, support, custody, and visitation.

Primary documents are completed and filed

Documents such as the Petition for Dissolution of Marriage and the Final Judgment of Dissolution of Marriage are filed. The documents start and finalize the divorce in Florida, along with ten to 20 other documents. The County Clerk’s office will manage all of your paperwork and keep both parties and lawyers informed throughout the process.

Property is divided and distributed

Marital property is always divided equally in the state of Florida. Florida is an, “equitable distribution” state so judges always divide property in the fairest and most equal way.

Spousal support it determined

Spousal support is decided on a case by case basis so not all divorces require spousal support.

Child custody and support is granted

The state of Florida always strives to do what is best for the children involved and typically grants shared custody and only grants sole custody when it’s in the best interest of the child. Child support is based on the amount of income each parent makes. Income is usually verified by examining past W-2’s and with child support worksheets.

The Road to Adoption in  Florida

Photo by Subbotina.

Call Florida’s Adoption Information Center

The first step is setting up a home study.  To get started, call Florida’s Adoption Information Center at 1-800-96-ADOPT or 1-904-353-0679 to be referred to an adoption worker who can help you begin the process.

Attend an orientation

An orientation is a one to two hour presentation that will allow you to meet and talk with adoptive parents and counselors who can provide an overview of the entire adoption process from start to finish.

Take a preparation class

The state of Florida has several classes and courses you can take in preparation for adoption. These courses are mandatory, but your local adoption agency can inform you on which ones are available for you to take.

Complete a home study

Home studies are done to ensure that the child is going to a safe home. During a home study, local, state and federal background checks will be conducted on all adults living in the household. You will also need to get references from your employer, character references from family members and references from school officials if you have any other children in school. Then a social worker will visit your home.

Get approval

Once the above processes are complete, you will either be approved or denied.

Factors That Go Into a Child Custody Decision

Photo by pixabay

The following are the factors a judge considers when making a decision about child custody:

• your child’s age
• the mental and physical well-being (or lack of it) of each parent
• each parent’s care taking capacities and the home environment that each parent could provide to the child
• the role of each parent thus far in taking care of the child
• the child’s relationship to each parent
• the time available to each parent to be with the child, as the judge may wish to maximize the child’s time with a parent as opposed to a babysitter or daycare center
• the environment that the parent can create for the child
• the presence of siblings in the family and the siblings’ relationship to each parent and to each other
• prior bad acts of either parent (as, for instance, abuse and neglect)
• parental drug or alcohol problems
• religious factors
• the willingness of each parent to keep the other parent involved in the child’s life and to facilitate the other parent’s access to the child
• each parent’s adult relationships including non-marital sexual relations.

In the long run, the judge wants to do what’s best for the child. If time sharing and 50/50 custody is a possibility for the child, that will be the plan set in place.