TERRY LYNN CADLE, APPELLANT,
v.
DAVID WILLIAM NORRIS, APPELLEE
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Terry Lynn Cadle appealed the trial court's award of primary residential custody of her child to the child's father, David William Norris. The Florida District Court of Appeal affirmed the custody award and rejected Cadle's challenges to the trial judge's impartiality and venue.
The trial court did not abuse its discretion in awarding custody as substantial competent evidence supported the finding that the award was in the best interest of the child. The trial court properly denied the recusal and change of venue motions because the father's administrative duties with the public defender's office do not require him to practice before circuit judges, and the fear of bias was not objectively reasonable.
[1] A trial court's award of primary residential custody is reviewed for an abuse of discretion, and affirmance is required if substantial competent evidence supports the fin…
[2] A motion to recuse a judge must state a fear of judicial bias that is objectively reasonable; subjective fears are insufficient.
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Join FLexlaw to unlock all legal intelligence“The trial court's decision is reviewed by this court under an abuse of discretion standard and affirmance is required if there is substantial competent evidence to support the finding that the award of custody is in the best interest of the child.”
Establishes the standard of review for custody awards in Florida
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Join FLexlaw to unlock all legal intelligenceTerry Lynn Cadle and David William Norris had a custody dispute over their child. Norris worked in an administrative capacity with the public defender…
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PER CURIAM.
Terry Lynn Cadle appeals the trial court’s award of primary residential custody of her child to the child’s father, David William Norris.
The trial court’s decision is reviewed by this court under an abuse of discretion standard and affirmance is required if there is substantial competent evidence to support the finding that the award of custody is in the best interest of the child. The record contains substantial competent evidence that supports the trial court’s decision. See Young v. Hector, 740 So. 2d 1153, 1157 (Fla. 3d DCA 1998), rev. dismissed, 763 So. 2d 1046 (Fla.2000); Duchesneau v. Duchesneau, 692 So. 2d 205, 206 (Fla. 5th DCA 1997).
Cadle also contends that the trial court erred by denying her motions for recusal and change of venue. The common reason for both motions was her concern that none of the judges in the fifth judicial circuit could make an impartial decision because Norris was employed by the public defender for that circuit. We note, however, that Norris’ administrative duties with the public defender’s office do not require that he practice before the judges of the circuit. Furthermore, he is not a member of the Florida Bar although those factors standing alone would not necessarily require the recusal of all of that circuit’s judges. A motion to recuse must state a fear of judicial bias that is objectively reasonable; subjective fears are insufficient. See Shuler v. Green Mountain Ventures, Inc., 791 So. 2d 1213, 1215 (Fla. 5th DCA 2001). It is unreasonable to assume partiality because a judge may know a member of the local community or the work force in a courthouse. There is no evidence in this case that would indicate that the trial judge even knew Norris or that the judge was influenced by anything other than the abundant evidence supporting the appealed order. Additionally, the denial of the motion for a change of venue is supported by the fact that a vast majority of witnesses resided in Lake County.
We find no merit in the remaining issues raised on appeal and affirm the trial court’s award.
AFFIRMED.
HARRIS, PETERSON and ORFINGER, R.B., JJ., concur.
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Clark v. Clark, 825 So. 2d 1016 (Fla. 1st DCA 2002)…interests of the child. See Duchesneau v. Duchesneau, 692 So. 2d 205, 206 (Fla. 5th DCA 1997); Bader v. Bader, 639 So. 2d 122, 124 (Fla. 2d DCA 1994) (en banc); Murphy v. Murphy, 621 So. 2d 455, 457-58 (Fla. 4th DCA 1993); see also Cadle v. Norris, 817 So. 2d 1075, 1076 (Fla. 5th DCA 2002); Young v. Hector, 740 So. 2d 1153, 1158 (Fla. 3d DCA 1998) (en banc). The requisite findings must either be stated on the record or set out in the custody order: [I]n the context of shared parental responsibility, ... a tr…
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Mariann C. Hudson-McCANN v. Laurence L. McCANN, 8 So. 3d 1228 (Fla. 5th DCA 2009)…3 (Fla. 1st DCA 2007). The finding that it was in the best interest of the child for the father to be [*1230] designated the primary residential parent is supported by competent, substantial evidence, and therefore must be affirmed. Cadle v. Norris, 817 So. 2d 1075 (Fla. 5th DCA 2002). Next, the wife challenges the trial court’s imputation of income to her in the amount of $2,000 per month. We conclude after a review of the record that the court’s imputation of income to the wife is not supported by competent…
Authorities Cited
- Shuler v. Green Mountain Ventures, Inc., 791 So. 2d 1213 (Fla. 5th DCA 2001)
- Young v. Hector, 740 So. 2d 1153 (Fla. 3d DCA 1998)
- Duchesneau v. Duchesneau, 692 So. 2d 205 (Fla. 5th DCA 1997)