JAMES ROGER YELTON, SR., APPELLANT,
v.
LINDA LOU YELTON, APPELLEE
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PER CURIAM.
Upon review of the record on appeal, brief and oral argument of appellant-husband (appellee-wife not having filed a brief or otherwise appeared) we are of the opinion that the order of the trial court, granting custody to the mother when the child was not physically present in this state during any stage of the proceedings, was erroneous. See Castle v. Castle, Fla. App.1971, 247 So. 2d 455, and authorities cited therein. The record, however, is insufficient to establish any prejudice to the appellant-husband by reason of having been in the military service at the time of the entry of the order under review. See Courtney v. Warner, Fla.App.1974, 290 So. 2d 101.
Accordingly, that portion of the order adjudicating custody is vacated and set aside; that portion of the order granting temporary support to the wife is affirmed provided however that the trial judge may re-examine the amount of the award in light of the fact that such award may have been predicated upon that portion of the order pertaining to custody.
Reversed and remanded.
CROSS and MAGER, JJ., and ANDERSON, ALLEN C., Associate Judge, concur.
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Mouzon v. Mouzon, 458 So. 2d 381 (Fla. 5th DCA 1984)…y issue the child was considered the res and the court had in rem jurisdiction to initially adjudicate its custody but only if the complaint alleged, and the plaintiff proved, that child was physically present within the state. See Yelton v. Yelton, 295 So. 2d 119 (Fla. 4th DCA 1974); Castle v. Castle, 247 So. 2d 455 (Fla. 4th DCA 1971); Reinhart v. Reinhart, 291 So. 2d 103 (Fla. 1st DCA 1974); Keena v. Keena, 245 So. 2d 665 (Fla. 1st DCA 1971); Powell v. Powell, 242 So. 2d 138 (Fla. 1st DCA 1970), rev. den.,…
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Feriole v. Feriole, 468 So. 2d 1090 (Fla. 4th DCA 1985)…initially adjudicate the question of the custody of a minor child unless that child was physically present within the territorial jurisdiction of the court at the time the suit seeking an adjudication of his custody was filed. See Yelton v. Yelton, 295 So. 2d 119 (Fla. 4th DCA 1974). However, Florida adopted the Uniform Child Custody Jurisdiction Act effective October 1, 1977, which superseded prior Florida law in this area. See Hegler v. Hegler, 383 So. 2d 1134 (Fla. 5th DCA 1980). Section 61.1308(3), Flori…
Authorities Cited
- Courtney v. Warner, 290 So. 2d 101 (Fla. 4th DCA 1974)
- Darian Northrup Castle v. Castle, 247 So. 2d 455 (Fla. 4th DCA 1971)