In a child custody proceeding, a judgment can be issued against a party who fails to appear at a final hearing.  However, the party failing to appear can challenge the proceeding under Rule 1.540(b).   “This case, however, was not decided upon a default but upon a full hearing with witnesses and substantial evidence. The mother [...]

In a child custody proceeding, a judgment can be issued against a party who fails to appear at a final hearing. However, the party failing to appear can challenge the proceeding under Rule 1.540(b). “This case, however, was not decided upon a default but upon a full hearing with witnesses and substantial evidence. The mother [...]

In order to modify custody there must be an unanticipated, substantial and material change in circumstances, it must be in the child’s best interests, and the trial court should consider the 61.13 factors. “It is well established that an order modifying child custody must be based on a determination that: (1) a substantial and material [...]