MONTE OLIN GRIFFIN, APPELLANT,
v.
HOLLY LEAH GRIFFIN, APPELLEE
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The court held that the trial court erred in awarding sole parental responsibility without finding detriment to the child and in failing to conform the final judgment to oral pronouncements regarding an injunction.
[1] A trial court must make a specific finding that shared parental responsibility would be detrimental to the child before awarding sole parental responsibility to one paren…
[2] A final judgment must conform to the trial court's oral pronouncements made at trial.
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Join FLexlaw to unlock all legal intelligenceThe parties' marriage was dissolved, custody and child support were determined, and expenses were ordered. The appellant appealed multiple issues, inc…
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PER CURIAM.
This appeal arises from a final judgment dissolving the parties’ marriage, determining custody of the parties’ minor child, establishing child support, and ordering Appellant to pay various expenses. Appellant raises seven issues, three of which require us to reverse and remand.
We hold that the trial court erred in awarding sole parental responsibility of the child to Appellee without making a specified finding on the record or in the final judgment that shared parental responsibility would be detrimental to the child. See Bader v. Bader, 639 So. 2d 122 (Fla. 2d DCA) (en banc), rev. denied, 649 So. 2d 232 (Fla.1994). Such an error has been held to be reversible. Hicks v. Hicks, 511 So. 2d 628 (Fla. 2d DCA 1987); Nichols v. Nichols, 432 So. 2d 648 (Fla. 1st DCA 1983). Section 61.13(2)(b)2, Florida Statutes, requires that parental responsibility be shared by both parents unless the court finds that “shared parental responsibility would be detrimental to the child.” Accordingly, we reverse and remand for the trial court to revisit this issue and make appropriate findings.
We hold that the trial court also erred in failing to include in the final judgment a provision modifying the previous injunction against Appellant. The judge pronounced at trial, without objection, that he would make the modification in order to allow Appellant to contact Appellee for purposes of arranging visitation with the child. See Gallardo v. Gallardo, 593 So. 2d 522, 524 (Fla. 3d DCA 1991) (trial court erred in not conforming final judgment to oral pronouncements), rev. denied, 604 So. 2d 486 (Fla.1992). We remand for the trial court to supplement the final judgment accordingly.
Also on remand, the trial court shall address Appellant’s request that Appellee execute a release of the Federal Income Tax Dependency Exemption. The trial court failed to rule on this issue although it was raised by Appellant below.
As to the four remaining issues, we affirm without comment.
AFFIRMED IN PART, REVERSED AND REMANDED IN PART.
ERVIN, BOOTH and WEBSTER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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Mohamed S. Rashid v. Shanta Rashid, 35 So. 3d 992 (Fla. 5th DCA 2010)…ts have consistently held that without such a finding, an award of sole parental responsibility is inappropriate. Schram v. Schram, 932 So. 2d 245, 250 (Fla. 4th DCA 2005); Stelk v. Stelk, 699 So. 2d 811, 812 (Fla. 1st DCA 1997); Griffin v. Griffin, 665 So. 2d 352, 352-53, (Fla. 1st DCA 1995); Longo v. Longo, 576 So. 2d 402, 402 (Fla. 2d DCA 1991) (citing Hicks v. Hicks, 511 So. 2d 628 (Fla. 2d DCA 1987)); see also Maslow v. Edwards, 886 So. 2d 1027, 1028 (Fla. 5th DCA 2004) (applying the statute and the requ…
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Grimaldi v. Grimaldi, 721 So. 2d 820 (Fla. 4th DCA 1998)…nd the case to the trial court because “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 children.’ ” See also Griffin v. Griffin, 665 So. 2d 352 (Fla. 1st DCA 1995); Hicks v. Hicks, 511 So. 2d 628 (Fla. 2d DCA 1987); Nichols v. Nichols, 432 So. 2d 648 (Fla. 1st DCA 1983). While we recognize that the trial court did find that the former wife, due to an illness, is “not capable of exercising…
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Harris v. Harris, 760 So. 2d 152 (Fla. 2d DCA 2000)…l parents to execute the release, although many of the opinions do not refer specifically to section 61.30. See, e.g., Robertson v. Bretthauer, 712 So. 2d 1140 (Fla. 3d DCA 1998); Vick v. Vick, 675 So. 2d 714 (Fla. 5th DCA 1996); Griffin v. Griffin, 665 So. 2d 352 (Fla. 1st DCA 1995); Parker v. Parker, 655 So. 2d 233 (Fla. 1st DCA 1995). In 1995, this court decided Gray, 658 So. 2d 607, in which wé held that “the trial court erred in awarding the noncustodial former husband the federal income tax dependency…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Anibal Sella v. Unemployment Appeals Comm'n & Women's Work of Cent. Fla., 639 So. 2d 122 (Fla. 5th DCA 1994)
- Gallardo v. Gallardo, 593 So. 2d 522 (Fla. 3d DCA 1991)
- Hicks v. Hicks, 511 So. 2d 628 (Fla. 2d DCA 1987)
- Nichols v. Nichols, 432 So. 2d 648 (Fla. 1st DCA 1983)