First District Court Affirms Temporary Custody Change

The First District Court released its Order on Rehearing today in Delivorias v. Delivorias, in which it continued to affirm the ruling by the lower tribunal which granted the Former Husband’s Motion for Contempt and also provided temporary relief on his counter-petition for modification of primary residential custody.  The First District ruled that the temporary order which moved the minor child from Louisiana to Florida was appropriate despite the lack of specific findings of fact in that the Former Husband had set out the correct test for changing custody, alleged supporting facts, and the trial court accepted those allegations.  In other words, the failure to include the “magic words” regarding the child’s best interests does not require reversal.