KATHY R. MUNSON, APPELLANT,
v.
RANDY H. MUNSON, APPELLEE
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Kathy Munson appealed a dissolution of marriage judgment that awarded her shared parental responsibility for the couple's two young children but granted her husband primary residential custody, resulting in separation of those two children from her teenage daughter from a prior relationship. The court affirmed, holding that while sibling bonding is a relevant consideration, courts may separate half-siblings when complex family structures and jurisdictional limitations warrant such arrangements.
The trial court did not abuse its discretion. While courts generally prefer to keep siblings together and bonding among children is a relevant consideration under section 61.13(3)(k), it is not the controlling factor. In cases involving complex family structures and children for whom the trial court lacks full jurisdictional authority over all parties, separation of half-siblings may be appropriate when supported by consideration of all relevant statutory factors.
[1] A trial court may separate siblings in a dissolution of marriage action when circumstances warrant such a decision, even if there is evidence of bonding among the childre…
[2] The bonding among siblings is a relevant factor for a trial court to consider in determining child custody, but it is not the sole controlling factor.
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“Although courts generally prefer to keep siblings together, there are circumstances warranting separation.”
Establishes that while the general rule favors sibling placement together, exceptions exist when justified by the circumstances.
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Join FLexlaw to unlock all legal intelligenceKathy and Randy Munson had two children of marriage, ages five and ten. Kathy also had a teenage daughter from a prior marriage living with her, with …
The full statement of facts, procedural history, and disposition for this case are member content.
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ALTENBERND, Judge.
Kathy R. Munson appeals a partial final judgment in this action for dissolution of marriage. The judgment awarded the couple shared parental responsibility for their two children, but awarded primary residential care to the husband, Randy H. Munson. In addition to the two children of this marriage, who are between the ages of five and ten, Ms. Munson has a teenage daughter from a prior marriage who resides with her. There is evidence of bonding among these three children. Ms. Munson argues that the trial court abused its discretion when it decided to separate the two children of this marriage from her older daughter.
The trial court considered all the factors delineated in section 61.13(3), Florida Statutes (1995). Although courts generally prefer to keep siblings together, there are circumstances warranting separation. See Griffith, v. Griffith, 627 So. 2d 527 (Fla. 2d DCA 1993). When family structures are complex, and the trial court does not have jurisdiction over all the children and all the parents, there can be no rigid rule requiring half-siblings to remain together in a single residence. The bonding among such children is certainly an “other fact,” see § 61.13(3)(k), Fla. Stat. (1995), that the court may consider relevant to its decision, but it is not the controlling factor.
The trial court considered the bonds among the children as a factor in this case, but decided that, in light of all the relevant factors, the best interests of the children would be served if the husband had primary residential custody. We cannot conclude that no reason able judge would have made this discretionary decision. See Canakaris v. Canakaris, 382 So. 2d 1197 (Fla.1980).
Affirmed.
PATTERSON, A.C.J., and NORTHCUTT, J., concur.
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D.M.J. v. A.J.T., 190 So. 3d 1129 (Fla. 2d DCA 2016)…g — in the order. Nor does the amended order address the child’s bond with her siblings. There is an absence of any findings' or indications that the court considered the child’s ■ relationship with her siblings. See § 61.13(3)(t); Munson v. Munson, 702 So. 2d 583, 583 (Fla. 2d DCA 1997); Griffith v. Griffith, 627 So. 2d 527, 528 (Fla. 2d DCA 1993). There is also no indication that the court considered evidence of “[t]he demonstrated capacity and disposition of each parent to determine, consider, and act upon…
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Yuriem Posso v. Sierra, 311 So. 3d 1021 (Fla. 5th DCA 2021)…fferent disposition. On this record, Posso has not demonstrated an abuse of discretion. Half-Sibling Posso contends that the trial court failed to acknowledge the interests of J.S.’s half-sibling in determining timesharing, citing Munson v. Munson, 702 So. 2d 583 (Fla. 2d DCA 1997). However, her reliance on Munson is misplaced. In that case, the court found no abuse of discretion in the trial court’s decision to separate the children from their halfsibling. Munson, 702 So. 2d at 583. In doing so, the court r…
Authorities Cited
- Canakaris v. Canakaris, 382 So. 2d 1197 (Fla. 1980)
- Griffith v. Griffith, 627 So. 2d 527 (Fla. 2d DCA 1993)