Posted by Nydia Streets of Streets Law in Florida Child Custody

When a former spouse and the current spouse of a parent do not get along, this can affect child custody provisions of a final judgment. In a recent case, there was friction between the former spouse and parent of a child, and the current spouse of the child’s mother. The case is Miller v. Veleff, 4D2024-1579 (Fla. 4th DCA January 7, 2026).

The parties were divorced and a parenting plan was entered. The former husband sought a modification of the parenting plan based on alleged aggressive behavior committed against him by the former wife’s current husband. The former husband tried to obtain a domestic violence injunction but a permanent one was never entered. In the modification action, the former husband sought to prohibit the current husband from attending the children’s events. The trial court entered an order granting this relief, and the former wife appealed, arguing this order violated the current husband’s due process rights since he was not a party to the case and it was error to enter an injunction under these circumstances.

The appellate court reversed, holding “The main issue for our determination is whether the trial court had the authority to restrict the current husband from attending the child’s public events, where the current husband was not a party to the proceedings and received no notice. We find that, under the facts of this case, the trial court erred. Initially, the current husband did not receive notice, nor was he a party to this case and, as such, the challenged restriction violated his procedural due process rights.” The court also held “We also note that, in the present case, the former husband previously attempted to obtain a permanent injunction against the current husband. Having failed to obtain such relief through the proper procedure, the former husband cannot now avail himself of the modification proceedings as an alternate, or ‘backdoor,’ means of obtaining a permanent injunction.”

This article is not legal advice. Schedule a meeting with a Miami family law attorney to discuss your case and receive legal advice.