JOSEPH K. VIRANT, JR., APPELLANT,
v.
CINDY LYNN BUNCE, APPELLEE
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Former husband Joseph K. Virant, Jr. appeals a trial court order temporarily suspending his visitation rights with his minor child. The Florida Court of Appeal affirmed the suspension, holding that the trial court did not abuse its discretion in restricting visitation based on the father's two DUI convictions—one while the child was in his care—and his status as an unlicensed probationer.
The trial court did not abuse its discretion in temporarily suspending spring break visitation. Trial courts have broad discretion to restrict or limit visitation as necessary to protect the child's welfare, and the father's DUI history, particularly one occurring while the child was present, combined with his lack of credibility and probationary status without a driver's license, provided sufficient grounds for the suspension.
[1] Trial courts are granted deference in child custody matters due to their ability to assess witness credibility.
[2] A trial court may restrict or limit visitation rights when necessary to protect the welfare of a child.
Previewing 2 of 5 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“While the denial or restriction of visitation rights is generally disfavored, it is within the court's discretion to restrict or limit visitation, as may be necessary, to protect the welfare of the child.”
Establishes the legal standard that trial courts may restrict visitation when necessary to protect child welfare despite the general disfavor of such restrictions.
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Join FLexlaw to unlock all legal intelligenceThe former husband received two DUI convictions, one of which occurred while his minor child was in his care. He was still on probation without a driv…
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THOMPSON, J.
Joseph K. Virant, Jr. (“former husband”) appeals a non-final order temporarily suspending his visitation with his minor child. We affirm.
After a hearing on the former wife’s pendente lite motion for visitation suspension, the trial court suspended the former husband’s visitation rights because he received two DUI’s, one which occurred while the child was in his care, and because the father was still on probation without a driver’s license. We find no abuse of discretion.
Trial courts are granted a great deal of deference in child custody matters because they are able to see and judge the witnesses much better than an appellate court. Allen v. Allen, 787 So. 2d 215 (Fla. 5th DCA 2001). While the denial or restriction of visitation rights is generally disfavored, it is within the court’s discretion to restrict or limit visitation, as may be necessary, to protect the welfare of the child. Id. at 217.
In Allen, we held that it was an abuse of discretion for the trial court not to order supervised visitation where the former wife had an alcohol problem and had driven in a vehicle with the children while she was intoxicated. Id. at 216-217. In the instant case, the former husband argues that because in Allen, this court ordered supervised visitation on remand, his visitation rights should not have been completely suspended.
However, in Allen, the former husband requested that the trial court order supervised visitation, rather than suspend visitation.
Additionally, the parties resided in Florida. In the instant case, the former wife requested that supervision be temporarily suspended. The former wife and the child now reside in Minnesota, and the child would be staying with the former husband in Florida for significant lengths of time without the former wife’s knowledge of what was occurring in Florida. The former husband had already failed to disclose his two DUI’s and incarceration to the former wife immediately, particularly the DUI that he received while the child was in his care.
The trial court determined that the former husband’s testimony lacked credibility. Despite the former husband testifying that he had not drank since February 2003, after his second DUI, the trial court believed the child’s maternal aunt who testified that the former husband was drinking in June 2003 when she took the child to lunch and returned the child home. We cannot say that the trial court abused its discretion.
Moreover, in the instant case, the trial court suspended only the spring break visitation and stated that it would review the status of the case and determine whether the summer visitation would be suspended.
The trial court stated that it would hold another hearing concerning whether the summer visitation should be suspended.
The trial court noted that it sincerely hoped that the father had completed his probation and received his driver’s license by summer because if so, then the trial court intended on resuming visitation. Compare Ross v. Botha, 867 So. 2d 567 (Fla. 4th DCA 2004) (reversing portion of the order in suspending visitation where the trial court required an arbitrary one-year waiting period for father to demonstrate that it was in child’s best interest to resume visitation and failed to provide specific requirements or standards for father to meet to see children again).
AFFIRMED.
PLEUS and MONACO, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Deidre Mallick v. Mallick, 311 So. 3d 243 (Fla. 2d DCA 2020)…reasonable likelihood that it could be ameliorated and, if so, how long the process would take, and any other circumstance that might bear on the desirability of giving guidance in the order. 7An instructive example can be found in Virant v. Bunce, 899 So. 2d 1157 (Fla. 5th DCA 2005), which affirmed an order suspending the father's spring break visitation after he received two DUIs. The trial court stated that it would review the status of the case and determine whether the summer visitation would be suspend…
Authorities Cited
- Ross v. Hayley Lisa Botha, 867 So. 2d 567 (Fla. 4th DCA 2004)
- Allen v. Allen, 787 So. 2d 215 (Fla. 5th DCA 2001)