MARY FRANCES BAKER, APPELLANT,
v.
LAWRENCE JAMES BAKER, APPELLEE
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Florida appellate court remanded a dissolution of marriage judgment because it failed to address the appellant mother's request for visitation rights with the minor child, requiring the trial court to amend the judgment to grant or deny visitation with stated reasoning.
A final judgment in a dissolution of marriage must specifically address and grant or deny visitation rights to a parent, and if denied, must state the trial judge's basis for the denial.
[1] A final judgment dissolving a marriage must specifically grant or deny visitation rights to each parent, and when visitation is denied, the trial court should state the f…
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Join FLexlaw to unlock all legal intelligence“Visitation rights concerning minor children should not be denied either parent so long as he or she conducts himself or herself, while in the presence of such children, in a manner which will not adversely affect their morals or welfare.”
Court's statement of the legal standard for visitation rights, citing Yandell v. Yandell, 39 So. 2d 554 (Fla.1949)
Mary Frances Baker sought visitation rights with the couple's twelve-year-old daughter in a dissolution of marriage suit commenced by Lawrence James B…
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RIVKIND, LEONARD, Associate Judge.
This is an appeal from a final judgment of dissolution of marriage. The sole relief requested by appellant in the trial court, in the suit for dissolution commenced by appellee, was visitation rights concerning their twelve year old daughter. The final judgment is silent concerning visitation. The failure to provide for visitation is the sole error claimed on appeal. Apparently no report of the proceedings was made and appellant thereafter filed a “proposed statement of facts” mailing a copy to counsel who was then representing appel-lee. No objection or amendment was filed by appellee. However, it does not appear from the record that the statement was ever submitted to the trial court for approval. See Rule 9.200(b)(3) Fla.R.App.P. Ergo, it cannot be considered. Visitation rights concerning minor children should not be denied either parent so long as he or she conducts himself or herself, while in the presence of such children, in a manner which will not adversely affect their morals or welfare. Yandell v. Yandell, 39 So. 2d 554 (Fla.1949).
The final judgment should specifically provide when visitation rights are granted or denied. When visitation rights are denied it would assist this court upon review . of such denial if the trial judge would set forth the basis for his ruling. We remand this case to the trial judge so that the final judgment may be amended to grant or deny visitation rights to appellant. The amended judgment would be subject to appeal.
REMANDED.
DAUKSCH and LETTS, JJ., concur.
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Booker v. Booker, 636 So. 2d 796 (Fla. 1st DCA 1994)…not be denied either parent so long as he or she conducts himself or herself, while in the presence of such children, in a manner which will not adversely affect their morals or welfare. Yandell v. Yandell, 39 So. 2d 554 (Fla.1949).” Baker v. Baker, 366 So. 2d 873 (Fla. 4th DCA 1979). Accordingly, we reverse the appealed order and remand this cause to the trial court for further proceedings on the merits of Appellants’ petition.6 REVERSED and REMANDED. KAHN and BENTON, JJ., concur. . During oral argument…
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Paola Perez v. Derik FAY, 160 So. 3d 459 (Fla. 2d DCA 2015)…dren, in a manner which will not adversely affect the children. See Yandell v. Yandell, 89 So. 2d 554, 555 (Fla.1949); Spano v. Bruce, 816 So. 2d 714, 715 (Fla. 3d DCA 2002); Booker v. Booker, 636 So. 2d 796, 801 (Fla. 1st DCA 1994); Baker v. Baker, 366 So. 2d 873, 873 (Fla. 4th DCA 1979). Because of the constitutional right to a meaningful parent-child relationship, there must be competent, substantial evidence in the record that demonstrates that any restrictions or limitations on time-sharing are in the be…
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Baker v. Baker, 377 So. 2d 776 (Fla. 4th DCA 1979)…the trial court enter an order setting forth specific findings of fact and conclusions of law concerning the appellant’s request for visitation privileges with her 12 year old child, custody of whom had been placed with the appellee. Baker v. Baker, 366 So. 2d 873 (Fla. 4th DCA 1979). The trial court has now entered an order setting forth such findings and conclusions and denying appellant’s request for visitation. There is no transcript of the final hearing conducted herein. However, this court has considere…
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