Posted by Nydia Streets of Streets Law in Florida Child Custody
What does trial by consent mean in a Florida family law case? Usually parties to a case must be put on notice as to what will be sought at trial. If they do not, the issue may still be able to be considered at trial if there is no objection to it at trial. This was an issue in the case Alan v. West, 3D24-0454 (Fla. 3d DCA September 10, 2025).
The mother in this child custody case appealed a final judgment which modified the parenting plan and child support. The petition was resolved in the father’s favor. One argument made by the mother was that it was a violation of her due process rights to aware the father sole parental responsibility. The court rejected this argument, holding “[W]e find no due process violation occurred as the issue of whether the Father should have sole parental responsibility was tried by consent. See Clark v. Clark, 147 So. 3d 655, 658 (Fla. 5th DCA 2014) (‘When a pleading fails to make a specific demand, courts will accept the issue as being ‘tried by implied consent’ where a pre-trial statement raises the issue and the other party fails to object at the hearing.’); Anchor Prop. & Cas. Ins. Co. v. Trif, 322 So. 3d 663, 670 (Fla. 4th DCA 2021) (‘An issue is tried by consent when there is no objection to the introduction of evidence on that issue. For example, an issue is tried by consent where a party never objected to the evidence or argument regarding the issue on grounds that the issue was not framed in the pleadings.’).”
Schedule your meeting with a Miami family law attorney to determine the next best steps in your case.