Murphy v. Murphy

DAUKSCH, Judge.

After the father was awarded custody of his son in a dissolution judgment the moth*384er complained she was unable to visit with her son since the father moved from Bro-ward County to Port Walton Beach, Florida. She petitioned the court “. . . for an order modifying and extending the visitation rights . . . ” The father did not appear at the hearing on the mother’s petition and the court entered an Order changing the custody from the father to the mother.

The trial court has no authority to change the custody, absent an emergency for the welfare of a child in imminent need, unless a…