Hendershot v. Hendershot

Marlene Hendershot appeals a final order that modified the child custody provisions of her dissolution judgment to give her former husband primary residential custody of their son. The order was entered at a hearing that was noticed for the former husband’s motion for contempt. His motion did not seek a change in residence.

We reverse the order because the trial court could not determine matters not noticed for hearing or award relief not sought by the pleadings. See McDonald v. McDonald, 732 So.2d 505 (Fla. 4th DCA 1999); Szymanski v. Szymanski, 603 So.2d 73 (Fla. 4th DCA 1992). We reject the…