CLARENCE WARD, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Danoff v. Burton H. Danoff, 501 So. 2d 1361 (Fla. 4th DCA 1987)
  …Greer v. Greer, 438 So. 2d 535 (Fla. 2d DCA 1983). Restrictions of this nature are sustainable only if the record contains competent, substantial evidence that such restrictions are necessary to safeguard the children’s interests. Miller v. Miller, 423 So. 2d 638 (Fla. 4th DCA 1982); Hackley v. Hackley, 380 So. 2d 446 (Fla. 5th DCA 1979). Since the record in the instant case is devoid of any supporting evidence, the live-in restriction shall be stricken on remand. On the husband’s consolidated appeal, we af…
• Lovell v. Lovell, 14 So. 3d 1111 (Fla. 5th DCA 2009)
  …n standard. Allen v. Allen, 787 So. 2d 215 (Fla. 5th DCA 2001). There must, however, be competent, substantial evidence that such a restriction or limitation is in the best interests of the children in order for it to be sustained. Miller v. Miller) 423 So. 2d 638 (Fla. 4th DCA 1982). In Miller, our sister court succinctly held that because restrictions such as the one imposed in the present case “impact upon the private life of the custodial parent, they will be sustained only if the record contains competen…
• Frechter v. Frechter, 548 So. 2d 712 (Fla. 3d DCA 1989)
  …his nature impact upon the private life of the custodial parent, they will be sustained only if the record contains competent substantial evidence to demonstrate that they are required to safeguard the best interests of the child.” Miller v. Miller, 423 So. 2d 638, 639-40 (Fla. 4th DCA 1982); see also Martin v. Martin, 507 So. 2d 1136 (Fla. 3d DCA 1987); Nichols v. Nichols, 491 So. 2d 617 (Fla. 1st DCA 1986). Summarizing, we reverse and remand for a new hearing wherein the trial judge should set forth his fi…