BRIAN MARK FALK, APPELLANT,
v.
MARLENE H. FALK, APPELLEE
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In a divorce case, an appellate court affirms the trial judge's award of custody of the parties' young daughter to the mother, despite the father's appeal. The decision reflects concerns about allegations against the maternal grandfather while respecting the trial judge's superior position to assess the child's best interests.
The appellate court affirmed the trial judge's custody award to the mother. The court deferred to the trial judge's assessment of the child's best interests, concluding that absent a clear showing of abuse of discretion, a trial judge's child custody decision will not be reversed.
[1] A trial court's decision regarding child custody will not be reversed absent a clear showing of abuse of discretion.
[2] A trial court may consider the influence of grandparents on a child's upbringing when determining custody.
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Join FLexlaw to unlock all legal intelligence“In the absence of a clear showing of abuse of discretion, the decision of the trial judge in a child custody case will not be reversed.”
Establishes the highly deferential standard of review applied to trial court custody decisions
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Join FLexlaw to unlock all legal intelligenceBoth parents have good relationships with their daughter but are somewhat immature and heavily influenced by their respective parents. The paternal gr…
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MeCORD, Judge.
Appellant husband appeals that portion of the final judgment of dissolution of the parties’ marriage that awards custody of the parties’ young daughter to appellee wife. We affirm.
In his final judgment, the trial judge elaborated on the many factors that influenced his decision. The final judgment and the record in this case show that, although both appellant and appellee have a good relationship with their child, they are somewhat immature and both are, to a' great extent, dominated by their respective parents. The evidence shows that appellant’s parents have played a major role in caring for their granddaughter. The evidence also shows that appellee spends much of her time in the home of her parents. Thus, the influence of both sets of grandparents was a factor for consideration before the trial judge.
The major controversy in the case revolves around allegations in the record against the maternal grandfather concerning certain allegations based upon hearsay that he has attempted to sexually molest some of his own daughters and granddaughters, not including the parties’ child. The trial judge expressed his concern regarding those allegations and, as a result thereof, ordered “that at no time shall the child be with her maternal grandparents unless Marlene [appellee] is personally present with her.” In an order on clarification, he placed the following restriction on appellee:
It was the court's intention that the wife will not take up permanent or temporary residence with her parents. She will be allowed to visit her parents, but such visitation should not involve overnight stays, when the wife is accompanied by the parties’ minor child.
We are concerned, as was the trial judge, with the allegations made against the maternal grandfather. However, in view of the fact that the trial judge was in a better position to assess the situation, we defer to his judgment as to the best interests of the child. In the absence of a clear showing of abuse of discretion, the decision of the trial judge in a child custody case will not be reversed. Dinkel v. Dinkel, 322 So. 2d 22 (Fla.1975).
AFFIRMED.
BOOTH and WENTWORTH, JJ., concur.
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Citator
Cited By
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Harrison v. Harrison, 540 So. 2d 230 (Fla. 1st DCA 1989)…nent periodic alimony or attorney’s fees, the trial court’s equitable distribution of the parties’ assets, and the court’s ruling on custody. The award of custody to the father was not an abuse of discretion and is therefore affirmed. Falk v. Falk, 422 So. 2d 1025 (Fla. 1st DCA 1982); Richardson v. Richardson, 442 So. 2d 1005 (Fla. 3rd DCA 1983). However it was an abuse of discretion to fail to award permanent alimony. A trial court need not equalize the financial positions of the parties, but it must ensure…
Authorities Cited
- Dinkel v. Dinkel, 322 So. 2d 22 (Fla. 1975)