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Feliciano v. Feliciano

District Court of Appeal of Florida, Fourth District
Jun 12, 1996
674 So. 2d 937 (Fla. Dist. Ct. App. 1996)

Summary

holding a trial court may set aside agreement on child support, custody and visitation if it is not the best interest of the children

Summary of this case from Antunes v. Oliveira

Opinion

No. 95-0648.

June 12, 1996.

Appeal from the Seventeenth Judicial Circuit Court, Broward County, Robert Lance Andrews, J.

David S. Zimble and Jeanette Hernandez, Zimble, Formoso-Murias, P.A., Miami, for appellant.

Tracy B. Newmark and August Frank La Rocco, Fixel La Rocco, Hollywood, for appellee.


After the parties signed an agreement reached through the mediation process, the wife moved to set it aside prior to its being incorporated in a dissolution judgment. Among other things, she contended that the amount of child support she had agreed to and the visitation provision were not in the best interests of their two-year-old triplets. At an evidentiary hearing, the trial court refused to admit evidence relevant to the child support and visitation, concluding that those portions of the mediation agreement were subject to the same enforceability test as the alimony and marital property provisions. See Casto v. Casto, 508 So.2d 330 (Fla. 1987).

Casto, however, is not dispositive on child support, custody, and visitation, and a trial court may still set an agreement aside in regard to those issues if the agreement is not in the best interest of the children. Lane v. Lane, 599 So.2d 218 (Fla. 4th DCA 1992); Kennedy v. Kennedy, 583 So.2d 415 (Fla. 5th DCA 1991).

We therefore reverse for the issues of child support and visitation to be reconsidered after the trial court admits evidence relevant to the best interests of the children, which was erroneously excluded in the evidentiary hearing.

GUNTHER, C.J., and GLICKSTEIN and KLEIN, JJ., concur.


Summaries of

Feliciano v. Feliciano

District Court of Appeal of Florida, Fourth District
Jun 12, 1996
674 So. 2d 937 (Fla. Dist. Ct. App. 1996)

holding a trial court may set aside agreement on child support, custody and visitation if it is not the best interest of the children

Summary of this case from Antunes v. Oliveira

confirming that trial court is not bound by agreement regarding child support, custody and visitation where it determines that is not in best interests of children

Summary of this case from Puglisi v. Puglisi

confirming that trial court is not bound by agreement regarding child support, custody, and visitation where it determines that it is not in best interests of children

Summary of this case from Trang Ngoan Le v. Tung Phuong Nguyen

confirming that a trial court is not bound by an agreement regarding child support, custody, and visitation where it determines that it is not in the best interests of the children

Summary of this case from Sparks v. Sparks

confirming that a trial court is not bound by an agreement regarding child support, custody, and visitation where it determines that it is not in the best interests of the children

Summary of this case from Yitzhari v. Yitzhari
Case details for

Feliciano v. Feliciano

Case Details

Full title:LESLIE FELICIANO, APPELLANT, v. DIEGO FELICIANO, APPELLEE

Court:District Court of Appeal of Florida, Fourth District

Date published: Jun 12, 1996

Citations

674 So. 2d 937 (Fla. Dist. Ct. App. 1996)

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