According to Florida law, an after the divorce custody order that simply addresses matters of visitation is not appealable as the order is non-final:
Generally, a postdissolution order that simply addresses matters of visitation is not appealable under this rule; the order must grant or terminate visitation rights or otherwise determine a party's right to immediate child custody. See Goslin v. Preisser, 148 So. 3d 869, 870 (Fla. 1st DCA 2014) (“We do not have jurisdiction to review the order by appeal because the order did not determine the parties' timesharing rights.”); Pool v. Bunger, 43 So. 3d 837, 838 (Fla. 1st DCA 2010) (The order is not an appealable nonfinal order under rule 9.130(a)(3)(C)(iii) because, although it addresses matters concerning visitation, the order does not terminate Appellant's visitation rights or otherwise determine “the right to immediate ... child custody”); Hickey v. Burlinson, 33 So. 3d 827, 829 (Fla. 5th DCA 2010) (holding that an order denying a motion to temporarily halt visitation was an appealable non final order because it was an order “regarding visitation”).
Here, the order does not grant or terminate visitation rights nor determine the former husband's right to immediate child custody. Rather, the trial court's rulings are based on interpretation of the current parenting plan and make no changes to the current visitation schedule. Thus, rule 9.130 does not provide this Court jurisdiction to hear the appeal of this nonfinal order. As such, this Court will determine whether the former wife is entitled to relief under a petition for writ of certiorari.
See: Thompson v. Melange, 311 So. 3d 898
Related (From this blog and our main website):
- How does time-sharing work in Florida?
- Does a child's living preference justify custody change?
- Child Custody in Florida
- Advocating for Your Child’s Best Interest
_______________
Do you have questions or comments? Then please feel free to send us an email or call him now at (954) 880-1302.
If you found this information helpful, please share this article and bookmark it for your future reference.
No comments:
Post a Comment