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According to Florida law, transfer of child custody from father to mother was not an appropriate sanction for father’s contempt in failing to deliver children for visitation with mother, where there was no finding that a change in custody was in best interests of the children:

Initially, we address the trial court’s order transferring custody pursuant to a motion for contempt. This court has held that a transfer of custody is not an appropriate sanction for contempt. LaLoggia–VonHegel v. VonHegel, 732 So.2d 1131, 1133 (Fla. 2d DCA 1999). Generally, the purpose of a motion for contempt and a contempt order is to obtain compliance *1215 with a prior court order. In the absence of a finding that a change in custody is in the children’s best interest, such a change may “penalize the children for the parent’s contumacious conduct.” Id. at 1133; see also Burckle v. Burckle, 915 So.2d 747, 749 (Fla. 2d DCA 2005) (same) (citing LaLoggia–VonHegel ). Therefore, it was error to change child custody in these circumstances as punishment for the Father’s contumacious conduct.

See: Hunter v. Hunter, 65 So. 3d 1213



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