KENNETH W. TYRE, APPELLANT,

v.

DEPARTMENT OF CORRECTIONS, APPELLEE; KENNETH W. TYRE, APPELLANT, V. DEPARTMENT OF CORRECTIONS AND THE DEPARTMENT OF TRANSPORTATION, APPELLEES

Citator

Cited By

• Sinclair v. Sinclair, 804 So. 2d 589 (Fla. 2d DCA 2002)
  …court considered both the best interests of the children and whether a change in residential custody would be detrimental to them. The trial court properly performed the required legal analysis. See Richardson, 766 So. 2d at 1043; Filter v. Bennett, 554 So. 2d 1184, 1185 (Fla. 2d DCA 1989) (noting that “a natural parent will be denied custody only where such custody will be detrimental to the welfare of the child or where the natural parent is unfit or otherwise disabled from exercising custody”). Because the…
• Murphy v. Markham-Crawford, 665 So. 2d 1093 (Fla. 1st DCA 1995)
  …ul sense an unfit parent, or that placing the child with the parent will be detrimental to the child’s welfare. E.g., Calle v. Calle, 625 So. 2d 988 (Fla. 3d DCA 1993); In re Marriage of Matzen, 600 So. 2d 487 (Fla. 1st DCA 1992); Fitter v. Bennett, 554 So. 2d 1184 (Fla. 2d DCA 1989). The trial court made no finding to suggest that appellant had either abandoned her child or was in some other sense an unfit parent; and the evidence would not support such a finding. Rather, the sole basis for the trial court’s…
• In re the Marriage OF Carter Robert Matzen & Judy C. Matzen, 600 So. 2d 487 (Fla. 1st DCA 1992)
  …it is not, See In the Interest of B.B., H.B., A. W., and J.W., 559 So. 2d 1277, 1278 (Fla. 2d DCA 1990). “Detriment” refers to circumstances that produce or are likely to produce lasting mental, physical or emotional harm. Id. In Filter v. Bennett, 554 So. 2d 1184 (Fla. 2d DCA 1989), the appellate court described detriment as “more than the normal trauma caused to a child by uprooting him from familiar surroundings such as often occurs by reason of divorce, death of a parent or adoption. It contemplates a lon…