CHILDERS v. RILEY

No. 4D01-2515.

823 So.2d 246 (2002)

David Frank CHILDERS, Appellant, v. Lynne RILEY, Appellee.

District Court of Appeal of Florida, Fourth District.

August 7, 2002.


Attorney(s) appearing for the Case

Jay A. Schwartz of Sachs, Sax & Klein, P.A., Boca Raton, for appellant.

Tracy Belinda Newmark and Terry Ellen Fixel of Fixel & La Rocco, Hollywood, for appellee.


FARMER, J.

We reverse and remand for a new trial on the issue of child custody. As we did in Webber v. Novelli, 756 So.2d 164, 165 (Fla. 4th DCA 2000), we hold that the issue of custody should not ordinarily be determined by entering a default against one of the parents. In Webber we said that the best interests of children in custody disputes is not susceptible to default judgment and explained that this court:

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