ROBERT P. WHITNEY, APPELLANT,
v.
GLADYS WHITNEY, APPELLEE
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The appellate court affirmed the trial court's custody award, finding no abuse of discretion.
The trial court awarded custody of two minor children to their mother, despite temporary custody being with the father. Both parents were found to be …
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PER CURIAM.
This is an appeal from a final judgment of dissolution entered October 4, 1979, awarding custody of the parties’ two minor children, Robin, born October 23, 1971, and Bernard, born August 26, 1974, to their mother. We affirm.
Temporary custody had been awarded to the father on December 11, 1978. At final hearing the trial judge concluded that both parties were loving and caring parents. He was concerned, however, with the ability of the wife, residing in Vermont, and the husband, residing in Florida, to supervise and care for the children.
The husband testified that while he had custody of the children he woke them at 5:45 a. m. He drove the children to school and on their return from school a neighbor supervised them until the husband returned at 5:00 or 5:15 p. m. from the job he had at the time of final hearing.
The wife testified that she worked at home, making chimes. Her presence in the home and availability to supervise the children personally were apparently very important factors in the trial court's decision.
As the supreme court said in Dinkel v. Dinkel, 322 So. 2d 22, 24 (Fla.1975):
It is the function of the trial judge in a child custody proceeding to determine what is in the best interests of the child. An appellate court should not reverse the trial judge’s findings absent a showing of abuse of discretion.
* * * * * *
Were this Court to sit as a trier of fact and hear all the evidence, we might have reached a conclusion different from that of the trial judge. However, neither this Court nor the District Court can substitute its judgment for that of the trier of fact, absent a finding of an abuse of discretion, which requires a lack of competent substantial evidence to sustain the findings of the trial judge.
The record contains ample support for the trial court’s decision. Accordingly, we affirm.
AFFIRMED.
BERANEK, HERSEY and GLICK-STEIN, JJ., concur.
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Richardson v. Richardson, 442 So. 2d 1005 (Fla. 3d DCA 1983)…ldren were not to be removed from the jurisdiction of the court without notice to the father and approval by the court. An order determining custody will not be reversed unless an abuse of the trial court’s discretion is shown. Whitney v. Whitney, 402 So. 2d 1351 (Fla. 4th DCA 1981). An abuse of discretion appears when the record reveals a lack of competent, substantial evidence to sustain the findings of the trial court. Dinkel v. Dinkel, 322 So. 2d 22 (Fla.1975). An examination of the transcript reveals su…
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Vena v. Vena, 556 So. 2d 436 (Fla. 5th DCA 1990)…Jeffrey. She argues the court ignored the greater weight of the evidence in awarding the husband custody of the children. An order determining custody will not be reversed unless an abuse of the trial court’s discretion is shown. Whitney v. Whitney, 402 So. 2d 1351 (Fla. 4th DCA 1981). Abuse of discretion is shown where the record reveals a lack of competent, substantial evidence to sustain the trial court’s findings. Dinkel v. Dinkel, 322 So. 2d 22 (Fla.1975). In this instance, the trial court stated that it…
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Kuutti v. Tommi L. Kuutti, 645 So. 2d 80 (Fla. 4th DCA 1994)…that the father “is an unusu [*82] ally perceptive, patient, loving and caring parent.” A trial court has substantial discretion in making child custody decisions. Collier v. Collier, 384 So. 2d 697 (Fla. 4th DCA 1980). See also Whitney v. Whitney, 402 So. 2d 1351 (Fla. 4th DCA 1981). The court is required to determine all matters relating to custody of minor children “in accordance with the best interests of the child.” § 61.13(2)(b)l, Fla.Stat. (1993). The legislature has expressed the public policy of this…
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- Dinkel v. Dinkel, 322 So. 2d 22 (Fla. 1975)