In Williams v Williams, 51 FLW D220 (3rd DCA Feb. 4, 2026), the appellate court ruled that the trial court erred in awarding sole parental responsibility of children where such relief was not requested by either party in the pleading. Although the wife’s Pretrial catalogue included law and argument regarding granting of sole parental responsibility, a Pretrial catalogue is not considered a pleading in dissolution of marriage actions.
Florida courts have reversed an award of sole paternal responsibility, when neither party requested it, even if competent evidence supported the finding of detriment. You must amend your pleadings to receive sole custody. In Musgrave v Musgrave, 290 So 3d 536, 541-544 (Fla. 2d 2019), finding the wife did not amend her pleadings to seek sole parental responsibility, nor did she present evidence during the trial that would indicate the issue was tried by implied consent.
Granting a father sole responsibility when he only requested shared parental responsibility violated the mother’s due process rights and constituted an abuse of discretion. Some Florida courts have upheld sole parental responsibility awards when supported by substantial competent evidence of detriment, but these cases usually involve facts where at least one party requested such relief. Courts cannot grant relief not requested in the pleadings.
To receive sole parental responsibility, you must plead it in your petition for dissolution of marriage or file an Amended Petition for Dissolution of Marriage if you did not plead it in your initial petition.
There is a Rebuttable Presumption that 50/50 shared responsibility is in the child’s best interest; this must be overcome with strong evidence of detriment.
Sole custody is typically reserved for severe cases. To receive sole custody, you must show detriment to the child such as abuse, abandonment, or neglect; domestic violence as defined within Florida Statute 61.13, or where one parent is incapacitated. You can read about sole custody in Florida Statute 61.13.
If you have more questions regarding a Marital and Family Law matter, you may call Ann Marie Giordano Gilden at Ann Marie Giordano Gilden, P.A. at 407-732-7620 and arrange an initial consultation. You may also visit my website at: https://www.annmariegildenlaw.com
This article is for informational purposes only and does not form an attorney client privilege.