FLORENCE BREGMAN, APPELLANT,
v.
ALLEN BREGMAN, APPELLEE
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The court held that the trial court's award of child custody and distribution of personal property in a dissolution of marriage judgment should be sustained if supported by evidence and timely objections.
The mother appealed a final judgment of dissolution of marriage, challenging the custody award of a five-year-old son to the father and the distributi…
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PER CURIAM.
By this appeal, we are called upon to review the custody provisions and the award of certain personal property upon the entry of a final judgment of dissolution of marriage.
The father was awarded the custody of a son of the parties who, at the time of the final hearing, was five years of age. The mother takes this appeal and urges that the child, being of tender years, should have been placed in her custody. She also urges error in the distribution of certain personal property. We affirm.
Although we might not have made the provisions for custody as done by the trial judge, if there is evidence in the record to support his award we should sustain it. Anderson v. Anderson, 289 So. 2d 463 (Fla. 3d DCA 1974); Ross v. Ross, 321 So. 2d 443 (Fla. 3d DCA 1975); Koken v. Neubauer, 374 So. 2d 49 (Fla. 3d DCA 1979). Since the adoption of the no fault divorce law, the courts of Florida have sustained the awarding of children of tender years to the father. Anderson v. Anderson, supra; Brust v. Brust, 266 So. 2d 400 (Fla. 1st DCA 1972); Goodman v. Goodman, 291 So. 2d 106 (Fla. 3d DCA 1974); Ross v. Ross, supra; Snedaker v. Snedaker, 327 So. 2d 72 (Fla. 1st DCA 1976); Keller v. Keller, 348 So. 2d 654 (Fla.1977).
As to the point on the personal property, the husband made a claim for it in his original pleading; he tendered a list identifying it without any objection, and we find that the appellant’s complaint at the present time to be untimely. Lee County Oil Company v. Marshall, 98 So. 2d 510 (Fla. 1st DCA 1975); Miami International Hatcheries, Inc. v. General Mills, Inc., 168 So. 2d 83 (Fla. 3d DCA 1964).
Therefore, the final judgment of dissolution of marriage here under review be and the same is hereby affirmed.
Affirmed.
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Mintzer v. Margo Mintzer, 523 So. 2d 1254 (Fla. 3d DCA 1988)…630 (Fla.1982); Kozak v. Kozak, 507 So. 2d 718, 719 (Fla. 3d DCA 1987); Aronovitz v. Aronovitz, 439 So. 2d 330 (Fla. 3d DCA 1983), rev. denied, 450 So. 2d 485 (Fla.1984); Adler v. Adler, 418 So. 2d 1007, 1008 (Fla. 3d DCA 1982); Bregman v. Bregman, 388 So. 2d 1285 (Fla. 3d DCA 1980); Fagan v. Fagan, 381 So. 2d 278, 280 (Fla. 5th DCA 1980); Bullard v. Bullard, 380 So. 2d 1090, 1091-92 (Fla. 3d DCA 1980).…
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Yanes v. Yanes, 433 So. 2d 62 (Fla. 3d DCA 1983)…PER CURIAM. Affirmed. See Kershner v. Crocker, 400 So. 2d 126 (Fla. 5th DCA 1981); Bregman v. Bregman, 388 So. 2d 1285 (Fla. 3d DCA 1980).…
Authorities Cited
- LEE Cnty. OIL Co., Inc. v. Marshall, 98 So. 2d 510 (Fla. 1st DCA 1957)
- Brust v. Brust, 266 So. 2d 400 (Fla. 1st DCA 1972)
- Koken v. Neubauer, 374 So. 2d 49 (Fla. 3d DCA 1979)
- Ross v. Jere Sandy Ross, 321 So. 2d 443 (Fla. 3d DCA 1975)
- Anderson v. Anderson, 289 So. 2d 463 (Fla. 3d DCA 1974)
- Midwest Mut. Ins. Co. v. Santiesteban, 291 So. 2d 106 (Fla. 3d DCA 1974)
- Snedaker v. Snedaker, 327 So. 2d 72 (Fla. 1st DCA 1976)
- Keller v. Christal C. Keller, 348 So. 2d 654 (Fla. 3d DCA 1977)
- Miami Int'l Hatcheries, Inc. v. Gen. Mills, Inc., 168 So. 2d 83 (Fla. 3d DCA 1964)