DUANE ANTHONY HICKS, APPELLANT,
v.
PAMELA WRIGHT HICKS, APPELLEE
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The court held that awarding sole parental responsibility without a finding that shared responsibility would be detrimental to the child is error.
The husband appealed a final judgment dissolving his marriage, specifically challenging the award of sole parental responsibility of the parties' mino…
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SCHOONOVER, Judge.
The appellant, Duane Anthony Hicks (husband), appeals a final judgment dissolving his marriage to the appellee, Pamela Wright Hicks (wife).
We find merit only in the husband’s contention that the trial court erred in awarding sole parental responsibility of the parties’ minor child to the wife without finding that shared parental responsibility would be detrimental to the child. We affirm in all other respects.
The final judgment in this case reflects that the court, in addition to awarding the sole care, custody, and control of the parties’ minor child to the wife, found that the best interest and well being of the child required that the wife have sole parental responsibility of the child. The court did not, however, make a finding that shared parental responsibility would be detrimental to the child before awarding sole parental responsibility to the wife as required by section 61.13(2)(b)2, Florida Statutes (1985).
In Nichols v. Nichols, 432 So. 2d 648 (Fla. 1st DCA 1983), our sister court held that the best interest of the child standard, as used by the trial court in this case, does not obviate the necessity of a specified finding that shared parental responsibility would be detrimental to the child before awarding sole parental responsibility to one parent. See also, Holland v. Holland, 458 So. 2d 81 (Fla. 5th DCA 1984). We agree with the holding of Nichols and, accordingly, remand for further proceedings. Upon remand, the trial court should, with or without receiving additional evidence, enter an appropriate order indicating its determination as to whether shared parental responsibility would be detrimental to the parties’ child. Nichols.
Affirmed in part and remanded.
SCHEB, A.C.J., and CAMPBELL, J., concur.
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Hunter v. Hunter, 540 So. 2d 235 (Fla. 3d DCA 1989)…note that the trial court erred in awarding sole parental responsibility to the mother absent a specific finding that “shared parental responsibility would be detrimental to the child[ren].” § 61.13(2)(b)2, Fla.Stat. (Supp.1986); see Hicks v. Hicks, 511 So. 2d 628 (Fla. 2d DCA 1987); Nichols v. Nichols, 432 So. 2d 648 (Fla. 1st DCA 1983); see also Holland v. Holland, 458 So. 2d 81 (Fla. 5th DCA 1984). We therefore reverse that portion of the final judgment granting Mrs. Hunter, sole parental responsibility, a…
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Perez v. Perez, 767 So. 2d 513 (Fla. 3d DCA 2000)…he trial court erred in awarding sole parental, responsibility to be mother absent a specific finding that ‘shared parental responsibility would be detrimental to the children,’ ”) (quoting § 61.13(2)(b)2, Fla. Stat. (supp.1986); and Hicks v. Hicks, 511 So. 2d 628 (Fla. 2d DCA 1987); Nichols v. Nichols, 432 So. 2d 648 (Fla. 1st DCA 1983); Holland v. Holland, 458 So. 2d 81 (Fla. 5th DCA 1984)). Indeed, we have located no Florida cases which have upheld a modification of custody in the absence of a showing of d…
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Williams v. Williams, 550 So. 2d 166 (Fla. 2d DCA 1989)…(Fla. 1st DCA 1988). Cf. Yandell v. Yandell, 39 So. 2d 554 (Fla.1949), (visitation should never be denied a parent who conducts himself around the child in a manner which will not adversely affect the morals or welfare of the child); Hicks v. Hicks, 511 So. 2d 628 (Fla. 2d DCA 1987) (finding it error for a court to award sole parental responsibility without a finding that shared parental responsibility is detrimental to the child). We first consider whether the mental health of the appellant was in controver…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- In re the Marriage of David Holland v. Holland, 458 So. 2d 81 (Fla. 5th DCA 1984)
- Nichols v. Nichols, 432 So. 2d 648 (Fla. 1st DCA 1983)