Talarico v. Talarico
The Third DCA reversed nonfinal orders that drastically curtailed a mother's equal time-sharing (to two restaurant meals per week) and suspended the father's child support, where the trial court based its ruling almost entirely on an unrecorded, closed in-chambers interview of the teenage children and refused to disclose any summary of that testimony. The court held that due process requires that an in camera child interview relied upon for modification be recorded or otherwise disclosed, and that the record contained no evidence of a substantial, material, and unanticipated change in circumstances under section 61.13(2)(c).
Key facts
- Mother and father stipulated to an equal time-sharing parenting plan; father later petitioned to modify it, drastically reducing mother's time-sharing to two restaurant meals per week and suspending his child support obligation.
- The trial court conducted an unrecorded, closed in-chambers interview with the teenage children regarding their custody preferences but did not disclose any summary or transcript of that interview to the parties.
- +2 more key facts with a free trial
Why it matters
Useful authority for family practitioners challenging modifications grounded in closed-door child interviews: the opinion collects extensive multi-jurisdictional support for the rule that an unrecorded, undisclosed in… — full analysis with a trial
🔒 Read the full opinion, holding & search the library
The full opinion PDF, the rules the court applied, our significance analysis, the background facts, and full-text search across every tracked Florida decision are available to members. Start a free 30-day trial — no credit card.
Not ready to sign up? Get the free Friday digest — the week's key Florida decisions by email, no login required.
Florida Court Tracker provides summaries of publicly available court opinions for informational and research purposes only. This is not legal advice and does not create an attorney–client relationship. Always verify holdings against the official opinion.