Posted by Nydia Streets of Streets Law in Florida Child Custody

When a party does not appear at a Florida child custody trial, the court may enter an order that is adverse to that party. The court must still hold an evidentiary hearing and make findings about the best interest of the child. This was an issue in the case Trigueiro v. Oliveira, 6D2024-2132 (Fla. 6th DCA February 13, 2026).

The former husband initiated a divorce case in Florida. Almost one year after the case was filed, the former wife took the parties’ child to Brazil and failed to return, even though the trial court entered a pick-up order requiring the child to be returned to Florida. A pretrial conference was held at which the former wife failed to appear. The court struck her pleadings and trial proceeded the following month. The former wife also failed to appear at trial. After the trial court entered a final judgment providing for equitable distribution, child support and a parenting plan, the former wife filed a motion for rehearing, claiming excusable neglect prevented her from appearing at trial. The motion was denied and she appealed.

The appellate court affirmed, holding “The trial court heard Appellant’s testimony at the hearing held on her amended verified motion for rehearing and for new trial. Within the order denying Appellant’s motion, the trial court made credibility determinations that were adverse to Appellant and relevant to her assertion of excusable neglect. On appeal, Appellant has presented no legal or factual justification for this court to disturb the trial court’s credibility determinations.” The court also held “Moreover, within the order denying Appellant’s motion, the trial court found that Appellant ‘fail[ed] to demonstrate that her failure to appear at the March 25, 2024 trial was due to excusable neglect rather than willful conduct,’ that she ‘was unable to provide credible evidence to support a finding that excusable neglect exists to justify her failure to comply with court procedures,’ that ‘her conduct [was] willful and flagrant,’ and that she ‘voluntarily absented herself from Florida, with the minor child, and intentionally chose not to participate in the litigation.’ These factual findings are also supported by competent substantial evidence in the record.”

Nothing in this article is legal advice. For advice about your case, schedule a consultation with a Miami family law attorney.